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HomeMy WebLinkAbout11/16/2010 - Regular T Bradley B. Grose, Mayor y Vinton Municipal Building Robert R.Altice, Councilmember 311 South Pollard Street Carolyn D, Fidler, Mice Mayor z Vinton,VA 24179 Matthew S. Flare, Council embe (540)983-0607 William"Wes"Nance, Councilmember 188 Vinton Town Council Regular Meeting Tuesday, November 16, 2010 AGENDA Consideration of A. 7:00 P.M. — Roll Call and Establishment of a Quorum` B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG -- Boy Scout Troop No. 235 from Thrasher Memorial United Methodist Church D. CONSENT AGENDA; 1. Request to Approve Minutes for Regular Meetings of October 5, 2010 and October 19, 2010 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1, Officer of the Month for October—Sergeant Steven Doyle 2, Audit Presentation by Brown Edwards & Company, LLP and Acceptance by Town Council—Resolution No. 1892 F. CITIZENS' COMMENTS AND PETITIONS This Section is reserved for comments and questions for issues not listed on the agenda G. TOWN ATTORNEY H. TOWN MANAGER 1. Report- Industrial Pretreatment Program 2, Request to Approve Amendment to Purchasing Policy— Resolution No. 139 i. MAYOR J. COUNCIL 1. Accept Financial Report for September 30, 2010 K. ADJOURNMENT NEXT TOWN COUNCIL MEETINGS: November 30, 2010 — Joint Work Session with Planning Commission in the War Memorial at 5:30 PM December 7, 2010 - Regularly Scheduled Meeting at 7:00 PM 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. 2 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7.00 P.M. ON TUESDAY, OCTOBER '5, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL: BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT Bradley E. Grose, Mayor' Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT:. Chris Lawrence, Town Manager Consuella Caudill;Asst. Town Manager Elizabeth Dillon, Town Attorney Darleen Bailey, Town Clerk Herbert Cooley, Police Chief Michael Kennedy, Public Works Director Ben Cook, Police Captain Karla Turman, Associate Planner Joey Hiner, Assistant Public Works Director Stephen Foutz, Police Officer Agenda & 7.00 P.M.— Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Request to Approve Minutes for Regular Council Meeting of September7, 2010 2.. Request by Police Department to Allocate Donated Funds — Resolution No. 188 . Request to Approve Mutual Raid Agreement with Rocky Mount 4. Request to Allocate Revenue Funds to Various Expenditure Accounts -- Resolution No. 1889 E. AWARDS, RECOGNITIONS, PRESENTATIONS F= CITIZENS' C MMENTS AND PETITIONS G. PUBLIC HEARING—CANCELLED -- Rescheduled for November 2' 1. Request to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045 Hardy Road from RB Residential Business to GB General Business to Allow for Commercial Development H. TOWN ATTORNEY 1. TOWN MANAGER 1. Request to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045 Hardy Road from RB Residential Business to GB General Business to:Allow for Commercial Development a. Staff Report 1 b. Public Input c. Council Discussion J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Discussion — Debt Set-Off Program 2. Discussion —Committee Appointment Process Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Mr. Bill Booth gave the invocation and and Pledge of Councilman Altice led the Pledge of Allegiance to the U.S. Fla Allegiance to U.S. Flag. Mr. Altice asked that item 2, a request by the Police Department to allocate donated funds, and item 4, a request to allocate revenue funds to various expenditure accounts, be removed from the Consent Agenda and moved to the Town Manager's section. Item 1 and Item 3 of the consent Agenda was approved on a motion by Vice Mayor Fidler that was seconded by Councilman Nance. The motion passed with all in favor. Mayor Grose advised that the scheduled public hearing to consider Discussed requested a request to rezone properties located at 1015, 1021, 1027, 1037 rezoning for five and 1045 Hardy Road had been cancelled. properties on Hardy Road Mr. Lawrence explained that the public hearing was cancelled due to a staff error in the publication of the public hearing notice, Karla Turman presented a staff report and a brief PowerPoint presentation, She advised that the petitioner, Juanita Setzer, was representing all five property owners and was requesting that the five properties noted above be rezoned from RB Residential Business to GB, General Business to allow for commercial development on the properties. Ms. Turman reported that the Planning Commission held their public hearing on September 9, 2010 and after receiving public comment, a motion was made to approve the rezoning request that received a tied 2 —2 vote. As a result of the tie vote, the Planning Commission was unable to make a recommendation to Town Council. Ms. Turman stated that staff had been advised by the petitioner that there were presently no buyers for the properties. She pointed out 2 that the rezoning could result in five different business developments on the properties in question. Turman listed the following proffers that had been submitted by the petitioner: I. The following GB uses will not be permitted on the property: a. Adult day care centers b. Auto and truck sales and service establishments c. Flea markets d. Halfway house e. Out-patient mental health center f. Out-patient;substance abuse center g. Veterinary hospital 2. A traffic impact study will be done for each project if the Town of Minton requires it. 3. A 35 foot buffer and landscaping to block the view and sound which will be added to four of the parcels, 1015, 1021, 1027 and 1037 Hardy Road. The fifth property, 1045 Hardy Read, requires only a 15 foot setback from the properties behind it because they are both zoned RB Residential Business. Also, because the current structure is located approximately 1 feet from the property line and would not allow a larder buffer. Ms. Turman explained that the petitioner may voluntarily proffer reasonable conditions but Town Council is not obligated to accept any or all of them. During her comments on traffic volume for Hardy Road, Ms. Turman reported that her office had received comments from the Public Works department that it would be hard to determine what the traffic volume impact would be without knowing the type of business being considered for the location. She also reported that Public Works staff expressed concern that if a deceleration lane is required for development of the properties, safety would be a concern for traffic traveling east on Hardy Road because east-bound traffic could easily mistake the deceleration lane for a travel lame. This would force drivers to change lanes when they realize that it is intended as a right turn lane. Ms. Turman advised that appropriate markings and warning signs should alleviate this safety concern. Ms. Turman reported that water and waste water capacity in the general area should be adequate to meet domestic demand and for any new development. However, an absolute determination for 3 water/sewer availability cannot be made until the type of new development is known. Ms. Turman advised that Mr. Tommy Woods, Mr. Charles McCarty, Dr. David Black, and Mr. Mike Spessard were present at the Planning Commission's public hearing and spoke in favor of the requested rezoning. Mr, Leon McGhee submitted his comments by letter stating that he was in favor of the request. She noted that Mary Beth Layman, Janet Scheid and Tommy Overstreet were present and spoke in opposition to the request and that Ms, McGuire, who lives at 1056 Broad Hill Drive expressed concerns with noise control during the loading and unloading of trucks during night hours. M . Turman went on to say that because the property lies within 100 yards of a residential district, any development on the properties would be required to abide by the Town's noise ordinance which prohibits the loading or unloading of trucks between 9-00 p.m. and 7:00 a.m, Ms. Turman reported that she had spoken with a representative from VDT and had been advised that because the fifth parcel (located at 1045 Hardy Road) does lie within 3,000 feet of a VDOT maintained road, it could trigger an automatic impact analysis requirement. However, he did not believe that any business going in at that location would have enough traffic volume to require a traffic study. Ms. Turman went on to say that the VDT representative had advised her that they would do the study if the Town requests it. Ms. Turman discussed the Town's recommended buffer landscaping which would include a 35-foot transitional yard that would incorporate a solid wood privacy fence with a height of not more than six and one-half feet and that the bracing would not be exposed to the properties behind them. Also to be included would be evergreen trees that would be at least 6 feet in height at the time of planting with branches along the trunk to the ground. She listed several evergreen trees and shrubs that staff felt would be acceptable, Ms. Turman noted that a 50-foot transitional yard without the fence would also be acceptable. Ms. Turman stated that the Town preferred that the parking lot include a landscaped island at least nine feet in width so that not more than 10 parking spaces are in a row. Janet Scheid spoke in opposition of the rezoning request. She felt that Council did not have enough information to make a sound intelligent decision on the request and that citizens did not have adequate information to review to help them determine how this 4 proposed rezoning would effect heir property. She stated that if the rezoning is approved; Town Council would lose control over what goes on the properties in question, how they look or how they function. Mary Beth Layman of 1028 Almond [give spoke in apposition to the rezoning request. She noted that she felt the current 'residential lousiness zoning is appropriate for the properties and opposed the requested rezoning. She stated that she was concerned that the volume of traffic on hardy Road would increase. Ms. Layman felt that an open forum meeting to discuss the rezoning is needed to make it easier for citizens to express their feelings regarding the requested rezoning. She also felt that a traffic study is needed before the rezoning takes place. Mr: Charles McCarty spoke in favor of the requested rezoning. He felt that the rezoning was a"must"for the town; In response to a comment made by Mr. McCarty regarding whether Roanoke County had to approve site plans for town projects, Ms. McMillan explained that Roanoke County has been responsible for sedimentation and soil erosion since 1987 and the Town was responsible for water and sewer, and storm water. She noted that storm water requirements are handled by an engineer contracted by the Town. Mr., Lawrence added that the Town made a business decision to have the County review the Town's site plans because it is more cost effective to have the County provide engineering services than it would be for the Town to have an engineer on staff. He pointed out that the Town noes not have the demand to have a full time engineer on staff. He noted that when the Town contracts with an engineering firm, it is done on a competitive bid basis. Ruth Roe who lives in the Townhouse Development and is on the Board of Directors for the Dillon bloods Homeowners Association; stated that she concurred with Ms. cheid's and Ms. Layman's comments in opposing the requested rezoning. Randy Layman, of 1028 Almond Drive apposed the rezoning request. He stated that he has concerns with any increase in traffic volume that would occur if businesses are located on the five properties. He felt that a barrier of only 35 or 50 feet would not allow him to continue to enjoy his property as he does now. Anita Setzer, the petitioner; thanked everyone for coming. She reported that the five properties had been rezoned to RB Residential Business in 2004 but has since been earmarked for General Business, Ms. Setzer further reported that it has become very difficult to rent out the properties along Hardy Read because no one wants to live there any longer and that three of the five properties are currently vacant. She asked that the properties be rezoned to B for the good of Vinton and its growth. Mr. Nance questioned Ms. Setzer as to whether the other four property owners agree with Town staffs recommendations for the buffer. Ms. Pope, the real estate agent for the properties, responded that she has not been able to get in touch will all of the sellers at this point and could not give a definite answer to that question. Tommy Overstreet of 1015 Almond Drive, spoke in apposition to the requested rezoning. Nancy Ware who lives at 1055 Broad Hill Drive, spoke in opposition to the request and stated her concern that adjoining property values would be lowered if the properties are rezoned to General Business. Chris McCarty spoke in favor of the zoning request. Wayne McGuire of 106 Bread Hill Drive spoke in opposition to the request. He was concerned that no one seems to know what type of business would be put on the properties once the property is rezoned. He pleaded with Council to get more information before approving the rezoning request. Mayor Grose again advised that Council would not be voting on the request until after the public hearing is held on November 2, 2010. Ms. Fidler stated that she needs to knew whether there would be one business or five businesses on the properties before she could make a decision on the rezoning as it would make a big difference in the kind of traffic pattern that will be needed. Mr. Nance-stated that he sees troth in both sides of the argument. He pointed out that the five property owners have the right to be able to have the most profitable use for their property. He went on to say that he realized that the neighborhood behind;the properties will be greatly impacted if businesses are developed on the properties. Mr. Nance felt the buffers need to be"beefed up" as much as possible to reduce the impact on the adjoining property owners. He stressed that the five property owners need to have some options that would allow them to able to sell their property. Mr. Nance recommended a provision with a side yard setback that would limit the number of businesses that could be developed on the properties. He went can to say that this proffer would have to be 6 voluntary but would protect the neighboring properties. He stressed that he is pro-business but needed to be "pro-neighbor" also. He suggested that the petitioners consider getting together to make proffers that world protect some of the neighborhood's concerns. Mr. Hare concurred with Mr. Nan e's comments. Mayor Grose commented that the Town is very much in favor of new business coming to Vinton but there has to be some control over what is allowed in the Town and what is not. He went on to say that Vinton has very little land left to develop for business and that i what makes decisions like the one at hand so critical. He echoed Mr. Nance's comments regarding the importance of proffers as neighborhoods have to be protected. He painted out that he felt the biggest problem with rezoning would be traffic safety and before he can support it, these issues have to be worked out. He questioned which would be safer, one business for the five properties or several smaller businesses. The Mayer thanked everyone for their attendance and invited them back for the public hearing on November 2nd, Mr. Chris McCarty pointed out that if there are traffic problems, they can be worked out like was done when the Walmart in Bonsack was built. The Mayor responded that the problem is the fact that no one knows what type of business would be going in. Mr. Lawrence encouraged everyone to leave their email addresses with Ms. Turman so any additional information that may be generated by the applicant or the staff can be sent out to everyone concerned. He noted that all information will be placed on the Town'Town's wehsite as it comes in. Mr. Nance advised that Coun il' email addresses are also on the website. Mr. Hare asked if anyone in Dillon Wood had noticed a strong chlorine odor in their water. Following comments that some Dillon Wood residents had noticed a strong chlorine odor in their water, Mr. Lawrence assured everyone that he would have staff come out to take a look at the situation. Mr. Lawrence reported on 'ai request to allocate funds to a Police Adopted Resolution Department expense account. He advised that the funds in question No. 1888 allocating had been donated by Ms. Shirley Patsel to be used for the donated funds to Department's community programs. He noted that this fund Police Department allocation was what staff refers to as a "housekeeping" issue. Mr. Nance moved to adopt proposed Resolution No 1888 allocating donated funds from a revenue account to an expense account. The motion was seconded by Mr. Hare and was unanimously approved on a roll call vote: Mayer Grose noted that Ms. Patsel had made several donations to the Police Department and had been recognized at the Police Banquet. He asked that a Certificate of Recognition be prepared by the Town Clerk to be presented to Ms. Patsel at a regular Council meeting. Mr. Thompson explained that during the year when funds are Adopted Resolution recovered or are unexpected, they are posted to a revenue; account. No. 1839 appropriat- He further explained that to assure the funds are correctly accounted ing recovered funds for, they need to be appropriated to an expense account. He asked Council to appropriate funds from the general Fund revenue accounts to the proper expense accounts as shown in Resolution No. 1889. Mr. Thompson listed each account and gave a brief explanation of why the budget appropriation was needed.. Ms. Fidler moved to adapt proposed Resolution No. 1339 appropriating recovered or unexpected fends from the general Fund revenue accounts to the proper general Fund expense accounts. The motion was seconded by Mr. Hare and passed unanimously on a roll call vote. Mr. Lawrence advised Council that the Mate of the Counter Address would take place at the green Ridge Center on November 5, 2010 at :30 a.m. Mayor Grose reminded everyone that the Fall Festival would take place on the following Saturday beginning at 8:00 a.m. Ms. Fidler announced the lions Club Pancake Breakfast would take place as usual at the VFW Hall on Saturday morning; Mayer Grose thanked staff and Council for their recent retreat as he felt it was very productive. He extended his personal condolences to the brew family in response to the recent tragedy, Mr. Hare thanked the Planning Department for their professionalism and for working so hard during the difficult rezoning process. Mr. Nance and Mr. Altice echoed Mr. Hare's comments and added that Ms. Turman had done a great job each time the issue has been presented to Council. GIs. Fidler reported that Roanoke County Board of Supervisor's representative for Vinton, Mike Alier had asked that the Town join the County in support of legislation being introduced to the General Assembly to ban a marijuana-like drug that is legal called spice. It was noted that the substance can be bought at stores in Vinton. Mayor Grose adjourned the regular meeting at 8:50 p.m. WORK SESSION I Discussion--Debt Set-Off program Mr. Thompson reported that the Town uses debt set-off for delinquent water bills but not for delinquent tax bills. He stated that he had not been able to locate an ordinance passed by Town Council authorizing staff to use debt set-off to collect delinquent bills and felt that the Town needed to adopt an ordinance authorizing the staff to use debt set-off to collect delinquent water bills, delinquent tax bills as well as administrative fees. Following, discussion; it was the consensus of Council that Mr. Thompson prepare an ordinance authorizing the Town to use debt set-off to collect delinquent funds for consideration at their October 190' Council meeting. 2.: Discussion—Committee Appointmentfrocess Mr; Lawrence requested discussion on the committee appointment process in order to ensure that staff and council are in agreement on how this issue is handled: Ms. Fidler stated: that she and the Mayor had discussed the issue and wanted to set up a process that would allow Council to meet applicants before Council is asked to vote on them to ensure the applicant is qualified to serve in that position and are aware of what their responsibilities would be. Mr. Altice felt that a policy should be put in place regarding attendance at meetings. Mr. Lawrence advised that Council could go into closed session to discuss appointments if they feel it is necessary. Mr. Nance recommended that all committee applicants attend a work session so that Council can be introduced to them and ask them questions before their names are placed`in nomination for a particular committee. The Mayor questioned whether a job description would be a good idea so that the applicant is informed as to what is expected of them. Mr. Lawrence advised that staff would cone up with a basic job description. Mr. Altice asked that all committee minutes be forwarded to Council. 9 Mayor Grose stated that he felt members of the Town's boards and committees should be recognized for the work they do. Mr._Lawrence recommended that one or two organizations at a time be invited to attend a council meeting where they could be recognized; The work session adjourned at 9:39 p.m. APPROVE Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey,Town Clerk 10 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, OCTOBER 19, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA, MEMBERS PRESENT- Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Consuella Caudill, Asst. Town Manager Darleen Bailey, Town Clerk Barry Thompson, Finance Director/Treasurer Herbert Cooley, Police Chief Michael Kennedy, Public Works Director Joey Hiner, Assistant Public Works Director Mark Vaught, Police Lieutenant Agenda A. 7.00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG — Cub Scout Pack 235 — Thrasher Memorial United Methodist Church D. CONSENT AGENDA 1. Request to Approve Minutes for Regular Council Meeting of September 21, 2010 Z Request to Re-appoint Matthew Hare to the Roanoke Valley Greenway Committee 1 Resolution in Support of Roanoke County's Legislative Agenda to Ban New Drug Called "Spice" E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Recognize Judy Cunningham on her Retirement from the Vinton Area Chamber of Commerce 2. Officer Of the Month for September — Master Police Officer Gregory M. Chieppa F. CITIZENS' COMMENTS AND PETITIONS G. OLD BUSINESS H. TOWN ATTORNEY 1, Request to Approve Debt Set-Off Program—{ordinance No. 903 1 TOWN MANAGER 1. Authorization to Amend and Restate Voluntary Flexible Benefit Plan 1 J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Discussion — GRTC Connector Service from Roanoke to Lynchburg Amtrak Location Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following the invocation, Cub Scout Pack 235 from Thrasher and Pledge of Alle- Memorial United Methodist Church, led the Pledge of Allegiance to giance to U.S. Flag. the U.S. Flag. Ms. Fidler asked that Item No, three of the Consent Agenda be pulled and discussed under the Council portion of the meeting. A motion was made by Ms. Fidler to approve the first two items of the Consent agenda. The motion was seconded by Mr. Altice and passed unanimously. Mayor Grose presented a proclamation to Judy Cunningham on her retirement from the Vinton Chamber of Commerce after 37 years of service. He commented that M . Cunningham has always been involved in everything that has gone on in Vinton for the last 37 years and he counted her as a great and loyal friend. He presented Judy with a key to the Town and a flower arrangement. State Delegate Onzlee Ware presented a proclamation from the Virginia General Assembly in memory and in celebration of the life of the late William E. Obenchain, Jr. who had served as Vice Mayor for the Town before his death on December 23, 2009. Mayor Grose opened the floor for comments on Judy Cunningham's retirement. Hal Mabe stated that Judy always knew what was going on and always had information at hand on any event that is taking place in Town at any given time. He acknowledged that he had learned a lot from her about the history of the Town, the Chamber of Commerce, about businesses in Vinton. He thanked her for her years of service and her commitment to the Town. Greg Lee, a State Farm Insurance agent in Vinton, commented that Judy has always been there to tell him what needed to be done and where he needed to go. He advised that Judy helped him make his business a success. 2 Anthony Conner stated that at one time selling ice cream was the only way to make money for the Chamber but than Judy had progressed the Chamber to a position where it offers many events and fund raisers. He noted that the difference in the budgets of years ago and the budget of today is phenomenal and is due to her tireless efforts to assure that these events took:place. Dan Vance, who had been editor of the Vinton Voice, stated that efforts to get the newspaper up and running would not have been possible without Judy Cunningham. Moe Maddox thanked Judy for her support over the last 26 years and for being willing to go over and beyond the normal duties of volunteer. Mr. Maddox commented that the members of the Vinton Historical Society also worked tirelessly to support the Town and that Ms. Cunningham is now working with thews on a part-time basis. He asked everyone to consider joining the organization. Frank Stone noted that he was president of the Chamber of Commerce in 1973 and his biggest accomplishment that year was to hire,Judy Cunningham. Chief Cooley stated that the Police Academy was Judy's idea and she had been an important part of it ever since. onella Caudill, Assistant Town Manager, ;stated that Judy has been a groat resource over the five years she has known her and had always gone above and beyond what was expected of her. Dave Jones, Manager of the Southern States Feed Mill, Mated that Judy was one of two people who gave him a "jump start" when he first came to Town. He thanked her for all she had done for the community and stated that it had been a cheat 37 years. Ms. Fidler stated that it had been an honor to know,Judy and to work with her. She further stated that Judy had done a wonderful job for the Chamber of Commerce and is honored and respected by everyone for that. Mr. Altice added that if anyone ever needs help with anything, Judy is always there. Mr, dance commented that he could gee on and on about"what she had done for the Town and the way she has avoided the limelight. He went on to say that the best testament for her is this evening's full chamber. He congratulated her on her retirement. Mr. Hare reported that during the short time he had been on Council, it had become evident to him of the work she has always done behind the scenes. He noted that she had begun traditions that will carry on for his children to see when they are grown, Aaron Lyles commented how patient and kind she had been during his campaign for Town Council in May and congratulated her. Fred Swisher spoke saying that Judy's father was the founder and organized the first Chamber of Commerce in the Tower of Vinton. He stated that he does not know of anyone who has contributed as much to the Tower as Judy has. Mayor Grose stated that he believes there is yet a lot in store for Judy and that her retirement years will be very busy. He thanked her and congratulated her on behalf of the entire Town. Mr. Nance reach a letter from Chief Cooley recognizing Gregory Chieppa as Police Officer of the Month for September. Mr. Barry Carter of 231 Woodmere Drive in the Lindenwood section Heard complaint from of east Roanoke County, spoke to Council regarding the extremely Barry Carter regarding poor condition of water lines in Lindenwood. He stated that in the 16 the need to replace years he has lived in Lindenwood; the Town has had to dig up his water lines in Linden- yard 8 times to repair broken water limes located in the Town's right- wood of-way. Mr. Carter noted that he has complained about the condition of water lines in Lindenwood several times over the years but the Town has not made the needed repairs. He pointed out that Council needs to replace the water lines in his neighborhood in the very near future even if water rates have to be raised to fund it Mayor Grose replied that Council is aware that the water lines are in bad shape in Lindenwood and need to be replaced. M . Fidler advised Mr. Carter that this is a problem that faces almost every municipality in the nation. Mr. Altice stated that the Town is trying to accumulate the funds to make the repairs. He added that water rates are scheduled to increase b .1 u each year for the next five years which will help cover some of the costs for the water line replacements, Mr. Lawrence stated that he had spoken with Mr. Kennedy about the situation with the water lines in Lindenwood several times and noted that Lindenwood is the Town's top priority for waterline replacement. 4 Ms; Debbie Richardson, who lives at 551 Misimer Lane, questioned the water quality in the Crofton neighborhood as it has a very strong chlorine odor when the tap is turned on. She asked if anything is going to be done to improve the situation. Mr. Kennedy explained that the problem exists for a variety of reasons, primarily due to the change in weather that caused a spike in the chlorine levels. H advised that his technicians have been gradually dropping the chlorine levels down for the last few weeks and noted that the levels are now continuing to decline. He advised that he would have someone came out the next morning to take a sample of her water so that a chlorine level can be gauged for her location. He noted that most complaints for this problem have come from the Dillon Woods area and that this is the first complaint he had gotten from the Missimer Lane area. Mr. Thompson reported on a request to approve a debt set-oft Adopted Ordinance program for the Town of Vinton. He advised that the issue had been No. 903 authorizing discussed at a work session during the last Council meeting on the Town's debt set-off October 5, 2010. He asked that Council adopt the proposed program Ordinance allowing an administrative charge of 25% up to $25.00 for the debt set-off program: Mr. lance noted that the ordinance does not make reference to the 25% administrative charge and questioned whether it was allowed by a policy that did not need to be in the ordinance. Mr. Thompson replied that authorization for the Town to collect this fee is spelled out in the State Code section. Mr. Hare pointed out that the collection of the 4% collected by the state was not referenced in the ordinance either and asked if it needed to be included: Mr; Thompson replied that the Town can collect the 4% as it is spelled out in another section of the State Code: Mrs dance moved to adopt proposed Ordinance No 903 authorizing the Town's debt set-of program and allowing the collection of a 25% administrative fee, up to $25.00, for the program. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. The Town Manager reported that the Town's Flexible Benefits Approved amend Program administrator, Anthony Conner, needs to have official ments to employees' action taken by Council to formalize the relationship with Mr. Flexible Benefit Plan Conner's company and to provide him with a signed document to maintain on file authorizing the Town to keep track of the employees' Flexible Spending Plan. Mr. lance matte a motion to give the Mayor authorization to 5 approve and sign a request to amend and restate the Town employees' voluntary Flexible Benefit Plan, The motion was seconded by Ms. Fidler and approved unanimously on a roll call vote. Mayor Grose thanked the Town Manager for his report and Approve Resolution summary can the recent VML Conference that he had attended. He No.1891 recommend- pointed out that the conference is very worthwhile and ing the ban of the drug recommended that at least some members of Council make an Spice effort to attend next year if at all possible: The Mayor commented on the beautiful new fall landscaping at the Municipal Building and at the entrance signs and thanked staff for coordinating these efforts. He also noted that one of the entrance signs at PFG was recently replaced and looks great: Ms. Caudill reported that the new sign to be installed at the Vinton Business Center had been delivered and ABP had been contracted to install the lighting which should have been completed during the previous week, She noted that some landscaping remains to be completed; Mark McKaskill from the Roanoke Valley Alleghany Regional Commission, reported that the Regional Commission is one of three agencies in Virginia to receive a national Sustainability Grant which will culminate in a Regional Sustainability Plan at the end of three years, Mayor Grose thanked Mr. McKaskill for keeping Council updated on activities at the Regional Commission. Ms. Fidler referred to a report she had made at the last Council Meeting on the drug "Spice" and hoped that the proposed State legislation requested by Roanoke County and supported by the Town, would be a warning for parents of the drug's dangers. She moved to adopt proposed Resolution No. 1891 supporting Roanoke County's legislative initiative to ban the drug "Spice".: Mr. Altice seconded the mention that was unanimously approved on a roll call vote. Ms. Fidler reported that the Explore Park site was currently being used to film a movie and that she had viewed a couple of clips from it at a Virginia Recreation Facilities Authority Board meeting earlier in the day. Mr. Nance suggested language for a plague honoring the late Vice Mayor, Billy Obenchain shown below: 6 "in honor of his years of service as a fireman, Councilman and Vice Mayor, Billy was the consummate Vintonite, public servant and a friend to all who met him". It was the consensus of Council that Mr. Nance°s'words be placed on a bronze plaque that would be hung in Council Chambers. Mr. Lawrence stated that he would have it drawn; up for Council to review before the actual plaque is ordered. He noted that he would obtain Karen 4benchain's (Mr. abenchain's wife) approval also, Mr. Hare thanked everyone who had helped with the Fall Festival, He also thanked the Public Works Director, Mike Kennedy for responding so quickly to his personal questions regarding the water quality at his home. Mr. Mare advised that he had been a part of the current Police Academy and commented that he now has a new respect for what police officers have to deal with. He noted that the Ton's police officers are very brave men and women. Mayor Grose adjourned the regular meeting at 8:24 p.m, WORK SESSION 1. Discussion--GRTC Connector from Roanoke to LInchburg Amtrak Station Ms. Caudill updated Council on the Greater Roanoke Transit Company (GRTC or Valley Metro) Connector Service from Roanoke to Lynchburg. She noted that GRTC would be submitting a grant to the Virginia Department of Rail and:Transportation to fund bus service to the Lynchburg Amtrak Station from Roanoke. The service would be run by Valley Metro. lbs. Caudill reported that the GRTC Board is currently working on a feasibility study that is scheduled to be released in early November. She went on to say it is expected the report will show there is a desire and support as well as a need for rail service in the Roanoke Valley which would also support the need for connector service to Lynchburg's Amtrak station. As a part of that, GRTC is working with the Roanoke Valley, the City of Bedford and the City of Lynchburg to acquire a $4 ,000 grant match. She advised that the grant amount would be $300,000,the annual operating casts for the connecter service. Ms. Caudill reported-that the City of Salem had agreed to provide $ ,000 toward the grant match. It was pointed out that Mr. Palmer, General Manager of the GRTC had not asked for a specific amount from each locality but is seeking to see if localities would be willing to support the initiative. She noted that Mr. Palmer will also be contacting Roanoke College and Hollins College to request their support because of the number of students that would likely be using the service. 7 Ms. Caudill stated that Mr. Palmer has offered to come meet with Council or will meet with the Town Manager and the Assistant Town Manager to discuss the issue. Ms. Fidler felt that a connector point in Roanoke would be good and would lend a measure of safety to those who travel to the Amtrak station in Lynchburg. Mayor Grose questioned whether the initiative would eventually establish a clientele for rail service from Roanoke. In response to a question from Mr, Altice regarding support from the Town, Ms. Caudill explained that the Board would like to have the $45,000 in secured pledges from the partners (localities) when they submit their grant application. Mayor Grose inquired as to when the GRTC Board would need an answer and Ms. Caudill replied that they would need to know by January. Mr. Hare asked if the grant would be a perpetual grant and Ms, Caudill replied that she could not answer that question at the present time. Mr. Nance questioned whether the Town should consider providing more funding for Valley Metro than it already does. Mr. Altice advised that he wants to know more about the plan and what the survey is going to show. Ms. Fidler asked if Mr. Palmer would be willing to come to talk with Council about the issue and Ms. Caudill replied that he would. Mr.Hare questioned whether the Town had enough money to consider funding the request. Mr, Nance recommended that Council forward their questions to Mr. Palmer rather than having him come to Council. It was a consensus that Ms. Caudill would get some of their questions answered before asking Mr. Palmer to come to Vinton, Mayor Grose advised Ms. Caudill that they may have to discuss this issue further at another work session. The work session adjourned at 8:36 pm. APPROVED: Bradley E. Grose,Mayor ATTEST: Darleen R. Bailey,Town Clerk 8 Vinton Police Department x 311 SOUTH POLLARD STREET c� VINTON, VIRGINIA 24179 HERB RT G.CO LEY CHIEF OF POLICE + PHONE (540) 983-0617 FAX (540) 983-0624 1884 , A State Accredited Agency November 4, 2010 To: Steven M. Doyle, Sergeant Todd A.Bailey, Police Officer From: Herbert C. Cooley, Chief of Police Re: Officer of the Month Congratulations! You have both been nominated and selected as "Officer of the Month" for the month of October 2010. 7n October 18, 2010, you both responded to the scene of`a drug overdose. When you arrived you found a young woman unconscious, with a pulse, but not breathing. You provided life saving rescue breaths until EMS arrived. Through a quick but thorough investigation you determined the type of drug that the young lady had taken as well as where it had been obtained. A subsequent search of a residence in another location led to the arrest of the drug provider. The dealer was charged with Distribution of a Schedule Substance. You were not only able to save this young lay's life but were able to arrest the drug dealer as well. Well done! e Herbert G. Cooley Chief of Police CC: Chris Lawrence, Town Manager Darlee n Bailey, Town Clerk Mayor and Council ACTION NO.: Reso. No. 1892 ITEM NO.: E.-2 TO: TOWN MANAGER'S OFFICE FROM: Barry W. Thompson,Finance Director/Treasurer DATE: November 9,2010 SUBJECT: Presentation of Town's June 30, 2010 Audit Report ISSUE/PURPOSE: Receive report from Town's Auditors. ACTION REQUESTED- Receive report from John Aldridge, Brown Edwards & Company, L.L.P,, regarding their audit of the Town's financial records for fiscal year 2009-2010. After receipt of the report from the auditors, the Town Council will be asked to adopt the proposed resolution which would note receipt of the audit and acceptance of the report. JUSTIFICATION/: SUMMARY: Representatives of Brown Edwards have been working with the Town Manager and Finance Director/Treasurer in order to prepare the audited financial statements for the Town. The firm's responsibility is to express an opinion on these financial statements based on their audit. In their opinion, the general purpose financial statements present fairly in all material respects, the financial position of the Town as of June 30, 2010 and the results of its operations and cash flows of proprietary fund types for the year ended in conformity with generally accepted accounting principles. It is recommended by staff that Council adopt proposed Resolution No. 1892 which will recognize receipt and acceptance of the audit. DATE ACTION NEEDED: November 16, 2010 TOWN MANAGER'S COMMENTS: RESOLUTION NO. 1892 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 16, 2010, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET,VINTON, VIRGINIA WHEREAS, section 15.2-2511 of the 1950 Code of Virginia, as amended,requires that the Town issue annually a report on its financial accounts and records by a third party certified public accountant, and WHEREAS, the Finance Director/Treasurer and the Finance Department worked with the independent third party accounting firm of Brown Edwards&Company, LL.P.,and WHEREAS, John Aldridge of Brown Edwards & Company, L.L.P., has forwarded his firm's Audit of Fiscal Year ending June 30, 2010 audit to the Town Council for review, and WHEREAS, the firm's opinion letter stated that the financial statements present fairly, in all material respects, the financial position of the Town of Vinton as of June 30, 2010, and the results of the Town's operations and cash flows of proprietary fund types for the year just ended on June 30, 2010, is in conformity with generally accepted accounting principles. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby receive and accept the June 30,2010 Comprehensive Annual Financial Report prepared by Brown Edwards &Company,L.L.P. Motion made by AYES: NAYS: ABSENT: APPROVED: Bradley E. Grose,Mayor ATTEST: Darleen R. Bailey, Town Clerk ISSUE/PURPOSE: Adopt revised Town of Vinton Purchasing Policy. ACTION Adopt revisions to purchasing policy as listed below. REQUESTED: SUMMARY: Over the years the Town of Vinton Purchasing Policy has been amended by the Town Council to incorporate changes in the Virginia Public Procurement Act and policies adopted by the Council. The Purchasing Policy was last revised on February 5, 1997. The General Assembly amended the following section of the Code of Virginia: I. House Bill 831 adds Section 2.2—4311.2 Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth to the Virginia Public Procurement Act which requires that all public bodies include the following clauses in all solicitations and contracts: A. All public bodies shall include in every written contract a provision that a contractor organized as a stock or nonstock corporation,limited liability company,business trust,or limited partnership or registered as a registered limited liability partnership shall he authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required bylaw. B. Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that- requires a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. C. Any bidder or offeror described in subsection B that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the Director of the Department of General Services or his designee or by the chile executive of a local governing body. D. Any business entity described in subsection that enters into a contract with a,public body pursuant to this chapter shall not alloy its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth,if so required under Title 13.1 or Title 50,to be revoked or cancelled at any time during the term of the contract. E. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. RECOMMENDATIONS:NS:: Staff is recommending that our Purchasing Policy be amended to include the fallowing language under policies##97-001(IV. Procedures)[I ], 9 -002(IV. 'rocedur s)[T ],97- 03(I' . Procedures)[I)], 9 -004(IV. Procedures)[D], and 97-00 (IV Procedures)[D] "Where applicable; the Town of Vinton complies with the Virginia :Public Proc rement Act, Virginia Code sections 2.2-430 through 4377{(the "Act'). The provisions of the Act are incorporated into all purchasing policies of the Town by reference. Whenever the Act applies and any Town policy conflicts therewith, the requirement of't e act.shall take precedence over the Town Is policies." PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VItRGIiNIA THIS FORM MUST BE SUBMITTED WITH YOUR BID/PROPOSAL.FAILURE TO INCLUDE THIS FORM SHALL RESULT IN REJECTION OF YOUR BID/PROPOSAL Pursuant to Virginia Cade 2.2-43 1.2,a bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid/proposal the identification number issued to it by the State Corporation Commission('SCC"). Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid or proposal a statement describing why the offeror is not rewired to be so authorized. Any bidder/offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by Town Manager. If this bid/offer for goods or services is accepted by the Town of Vinton,Virginia,the undersigned agrees that the requirements of the Code of Virginia Section 2. -4311.2 have been met. Please complete the following by checking the appropriate line that applies and providing the requested information. A. __ idler/offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such bidder's/oaf eroes Identification Dumber issued to it by the SCC is B. --- Bidder/offer is an out-of-state(foreign)business entity that is authorized to transact business in Virginia by the SCC and such bidder`s/offeror's Identification Number issued to it by the SCC is C. Bidder/offeror does not have an Identification Number issued to it by the SCC and such bidder/offeror'is not required to be authorized to transact business in Virginia by the SCC for the following reason(s); Please attach additional sheets of paper if you need to explain why such bidder/offeror is not required to be authorized to transact business in Virginia. Legal Name of Company(as listed on W-9) Legal Name of Bidder Gate Authorized Signature RESOLUTION NO. 1893 .AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD O TUESDAY, NOVEIV BER IG, 2010 AT 7.00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA V4UREAS, the Town's adopted procurement policy is to comply with the applicable provisions of the Virginia Public Procurement Act, which pertains to governmental-procurement from nongovernmental sources; and )VIIEREAS, changes to the Carle of Virginia enacted by the General Assembly requires changes to the Town of Vinton Purchasing regarding solicitation and contract provisions(Virginia Code 2.2-4311.2); and VVHEREAS, Section 2.2-4311.2 of the Virginia Public Procurement Act now requires all public bodies to verify that all contractors are authorized to transact business in the Commonwealth of Virginia if so required by Title 13.1 or Title 50 or as otherwise required by law by requiring the vendor's Virginia State Corporation Commission identification number be included as part of their bid; NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby amend the Town of Vinton Purchasing Policy to include the following language: "Where applicable, the Town r�{f`Vinton complies with the Virginia Public Procurement Act Virginia Code sections 2.2-43 0 through 4377 (the "Act"l. The provisions of the Act are incorporated into all purchasing policies of the Town by reference. Whenever the Act applies' and any Town policy conflicts therewith, the requirement of`the act shall take precedence over the Town's policies." Motion made by Councilman ,seconded by Councilman with the following votes recorded. AYES. NAYS: APPROVED: Bradley E.Grose,Mayor ATTEST: Darleen Bailey,Town Clerk