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HomeMy WebLinkAbout9/7/2010 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilmember Carolyn D. Fidler, Vice Mayor Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember Vinton Town Council Regular Meeting Tuesday, September 7, 2010 AGENDA Consideration of: A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 1. Request to Approve Minutes for Regular Meetings of July 20 and August 17, 2010 and Special Called Meeting of August 3, 20 2. Request to Appoint Paul Mason to Vinton Planning Commission 3, Request to Recommend Appointment of Don Altice as a Regular Member of the Vinton Board of Zoning Appeals E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Report from Vinton Historical Society 2. Recognize Finance Department for GFOA Award 1. Glade Creek Riparian Buffer Update J. MAYOR I I k, Is] I Finance Committee Report 0 k1l 6114 L, 11 I Z I WAS 017A Z 1115010111 k, Lei 11F M4*EM,013 Regularly Scheduled Meeting of September 21, 2010 Council Retreat at the Vinton War Memorial from 5:00 p.m. — 8:00 p.m. on September 22 and from 8:00 a.m. — 4:00 p.m, on September 23, 2010 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. WORK SESSION 1. Discussion — Commercial Vehicles MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JULY 20, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT:Bradley- Mayor obe i ' Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Consuella Caudill, Acting Town Manager Darleen Bailey, Town Clerk Adam Swann, Acting Town Attorney Barry Thompson, Finance Director/Treasurer Herbert Cooley, Police Chief Ben Cook, Police Captain Agenda A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. CONSENT AGENDA 1. Request to Approve Minutes for Regular Meeting of June 1, 2010 2. Re -Appoint Robert R. Altice to Highway Safety Commission — Resolution No. 1883 F. AWARDS, RECOGNITIONS, PRESENTATIONS G. CITIZENS' COMMENTS AND PETITIONS H. TOWN ATTORNEY 1. Adopt Ordinance Changing Late Filing Penalty from 30 Days to 60 Days — Ordinance No. 902 I. TOWN MANAGER 1. Request to Appropriate Funding for the Purchase of a Complete Bar Coding System and the Merging of Records from the Interact Records to the New World Records System — Resolution No. 1884 2. Request to Appropriate Funding for the Purchase of 17 Digital Cameras and Accessories for each Police Vehicle — Resolution No. 1885 J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Proposal to Purchase Leaf Vacuum from Roanoke City 2. Report on Public Meeting - Request to Vacate a Portion of Spruce Street Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Bill Booth gave the invocation and Councilman and Pledge of Alle- Altice led the Pledge of Allegiance to the U.S. Flag. giance to U.S. Flag. The consent agenda was approved on a motion by Mr. Nance and Approved consent seconded by Ms. Fidler. The motion passed with all in favor agenda Mayor Grose presented Councilmen Hare and Altice with a framed copy of their Certificate of Election to Vinton Town Council. Charlie Drewery who lives at 454 Tinker Avenue, complained that weeds need to be mowed on the lot adjacent to his house where the Town planted trees to form a riparian buffer. Council advised that they would have staff take a look at the lot and get back to him. Roger Overstreet reported that he had been advised by the Town Manager that his problems with the Planning and Zoning Department would be straightened out and for him to come into the Planning Office to obtain a Zoning Permit that he needed in order to get his license from the DMV. He stated that when he spoke to Ms. Turman earlier in the day she had advised him that his property would have to be inspected again before she could issue the zoning permit. He went on to say that she had inspected his business a couple of weeks ago and had said it was okay. He stated that she had indicated that she would come by his business sometime during the day but never showed up. Mr. Overstreet commented that he felt he needed to follow up on his complaint since he knew the Town Manager would be out of town for two weeks. Mayor Grose advised Mr. Overstreet that he would refer his comments to the Town Manager and ask him to review the issue. Barry Thompson reported that in 2007, Council adopted Ordinance Adopted Ordinance No. 811, authorizing a VLF fee, He went on to say that there was a No. 902 regarding conflict within the ordinance regarding a 30-day filing time period and time period for filing a 60-day filing time period that needed to be cleared up. He asked personal property and that Council approve proposed Ordinance No. 902 amending Section VLF fees 84-54, Returns, of Division 3, Personal Property Taxes, of Chapter 86, Taxation, of the Vinton Town Code with regard to the time period in which to file a personal property tax return for motor vehicles and trailers when situs is acquired or title transferred. He explained that the intent of Ordinance No. 811 was to set both the filing for personal property and the VLF at 60 days but instead, had set the time period for filing the VLF fees at 60 days and the filing for personal property at 30 days. He noted that proposed Ordinance No. 902 would set both the filing for personal property and the VLF at 60 days. Mr. Thompson stated that the proposed amendment would assist the Commissioner of the Revenue's office in setting the late filing fees for personal property and would make it consistent with the VLF fees. Ms. Fidler moved to adopt proposed Ordinance No. 902 setting the time period for filing for personal property and VLF fees at 60 days. The motion was seconded by Mr. Altice and passed unanimously with a roll call vote. Police Captain Ben Cook reported on a request to appropriate grant Passed Resolution funding for a Bar Coding System that is an element of their new No. 1884 transferring records management system. He further advised that the Police grant funds for a bar Department was able to secure funding for the bar coding system coding system through a DCJS Grant in the amount of $31,030 with a $25% match. He requested that the $7,757 match be transferred from the Wireless 911 expenditure account to the DCJS Systems Improvement Grant account and that the $23,273 grant funds be transferred from Other Police Grants account to the DCJS Systems Improvement Grant account. Mr. Hare questioned why this transfer had to come before Council since the funds are in the budget. Mr. Thompson replied that any transfer of funds over $5,000 has to be approved by Town Council. Mr. Hare asked if any Town funds would be used to make this purchase and was advised that the match amount would come out of the Town's Wireless 911 grant funding and does not impact the Town's budget in any way. Mr. Altice moved to adopt proposed Resolution No. 1884 transferring grant funds to purchase a bar coding system, The motion was seconded by Mr. Nance and passed unanimously on a roll call vote. Captain Cook reported on a request to appropriate funding to secure Adopted Resolution 17 digital cameras for each of the Town's Police vehicles. He No. 1885 appropria- advised that the funds to purchase the cameras were provided by the ting grant funding for Byrne Justice Assistance Grant. the purchase of digital cameras Mr. Nance moved to adopt proposed Resolution No. 1885 appropriating funding to purchase 17 digital cameras for the Police Department vehicles, The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. The Mayor commented on the success of recent Farmers Market activities. He thanked the Chamber of Commerce for their part of the Channel 10 "Our Town" segment. Ms. Fidler commended Mary Beth Layman for the success of the most recent Friday night and Saturday events at the Farmers Market. She then read a letter from Gloria Vaughn thanking employees in the I Finance Department for their efforts in solving a water problem. Ms. Fidler gave a brief report on an Explore meeting that had taken place earlier in the day. Mr. Altice moved to appoint Bill Booth to serve as a member of the Vinton Planning Commission. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. It was noted that Mr. Booth would have to go through the Planning Commission Certification Program. The Mayor questioned whether or not Mr. Booth would have to take the certification class since he had been a certified member of the Board of Zoning Appeals. Ms. Caudill advised that she would check with the Planning Director to see if he does need to take the Planning Commission Certification class. It was the consensus of Council that one of the current alternate members of the Board of Zoning Appeals be given the opportunity to replace Mr. Booth on the Board of Zoning Appeals before considering someone new. Mr. Hare thanked Mr. Booth for performing the invocation at Council meetings. He inquired as to when the commercial truck issue would be brought back to Council and was advised by Ms. Caudill that she would let him know after the Town Manager returns from out of town. Mr. Hare read a letter from Lieutenant Vaught who was responding to an inquiry from a Council member regarding commercial trucks using East Augusta Avenue as a short cut and also speeding vehicles on that street. In his letter, Lt. Vault had noted the steps taken by the Police Department to determine the number of speeding vehicles on that street and had advised that a speed survey was taken using the speed trailer with the following results: 1. There were 990 vehicles traveling on Augusta Avenue between June 16, 2010 and June 17, 2010 with the average speed being 23 mph. 2. The highest speed recorded was a single vehicle at 40 mph. 1 There were only five of the 990 vehicles traveling over the speed limit and those five vehicles were traveling between'10 and 15 mph over the posted speed limit. According to Mr. Hare, Lt. Vaught had advised in his letter that another speed survey would be conducted at a later date. He also reported that Lt. Vaught had received assurances from businesses currently using East Augusta Avenue as a short cut, would no longer do so. Mr. Hare commented that he wanted citizens to know that staff is 4 looking into the problem and are serious about making sure neighborhoods are safe. Ms. Fidler noted that when the speed wagon is in place on a street, people automatically slow down. She felt that this would not give a true picture of how many vehicles regularly travel over the speed limit on that street, and requested to have a survey done without using the speed wagon. U. Cook assured her that he would conduct another survey and not use the speed wagon. Chief Cooley pointed out that the speed wagon records a vehicles speed before it comes into view of the driver. Ms. Fidler commented that she did not feel residents were always wrong (when they report speeding vehicles). Mayor Grose adjourned the regular meeting at 7:41 p.m. WORK SESSION 1. Proposal to Purchase Leaf Vacuum Svstem from Roanoke Citv, Mike Kennedy reported on a proposal to purchase a leaf vacuum system from Roanoke City. He noted that if his department is going to continue picking up loose leaves, the Town would need to purchase a new leaf vacuum system. He further noted that this service is highly valued by the Town's citizens and is used very extensively. He advised that the old leaf vacuum was a 1989 model that is no longer reliable. He went on to say that if Council agrees to allocate funding to purchase the leaf vacuum system from Roanoke City, he planned to keep the old unit to be used as a backup. Mr. Kennedy noted that there were no excess funds in his budget for the purchase; the money would have to come out of the Town's fund balance. It was Mr. Kennedy's recommendation that the Town stop collecting loose leaves if his request to purchase the leaf vacuum is not approved. He advised that the cost of the used leaf vacuum would be $6,000. Following his report, Mr. Kennedy pointed out that the unit did require some minor repair work but was in good condition, Mr. Hare questioned why the City was getting rid of all their leaf vacuums. Mr, Kennedy replied that the City had decided to discontinue that service as a cost cutting measure. Mr. Hare expressed concern with having to take the funds out of the surplus fund balance to pay for the leaf vacuum system, especially this early in the budget year. He asked that staff make every effort to find funds in the current budget to make the purchase. It was the consensus of Council that the purchase of the leaf vacuum be placed on the August 17th Council agenda. Mr. Nance asked for Mr. Kennedy's perspective on Mr. Drewrey's concerns with mowing the area near his house where the Town had planted trees. Mr. 5 Kennedy replied that the trees planted at PFG and the trees planted in the riparian buffer could not be compared, as Mr. Drewery had suggested, because the trees planted at PFG did not have a particular purpose. He went on to say that the trees planted as a part of the riparian buffer were the result of a grant received by the Town and was intended to protect the stream bed from pollutants and contaminants. He explained that the riparian buffer would return the stream bank to its natural condition which requires the planting of trees and shrubs native to Virginia and any grasses or weeds that may grow there. Mr. Kennedy pointed out that he had been advised the area would no longer be considered a riparian buffer if the grass is cut between the trees. During his discussion, Mr. Kennedy commented that he did not recall whether the issue of cutting the grass was mentioned at the neighborhood meeting that he attended, He pointed out that it would take a considerable amount of work by his employees if they have to mow between the trees. He also pointed out that if the Town does cut the grass, there could be a problem with a number of environmental groups, especially since the trees were purchased with grant funds that were provided for that specific purpose. Ms. Fidler recalled that it had been mentioned at the neighborhood meeting, that the grass would not be cut. Mr. Hare recommended that a follow-up letter from staff be sent to residents of that area to educate them on the purpose of the riparian buffer and why the grass should not be cut. 2. Report on Public Meetinq — Request to Vacate a Portion of Spruce Street Mayor Grose advised that he would not make comments on the request to vacate a portion of Spruce Street since he owned a piece of property located adjacent to the street in question. Ms. Caudill gave the staff report on a public meeting that was held on July 13 th regarding a request from Mr. Tony Montuori, to vacate a portion of Spruce Street, She noted that approximately 30 people were in attendance at the meeting. Ms. Caudill pointed out that staff had received letters from residents who opposed vacating that portion of Spruce Street, two letters in support of the vacation and two letters that expressed no opinion on the proposed street vacation. She stated that she received several phone calls in opposition to the vacation as well as a petition with 211 signatures from Ms. Claudine Ellis opposing the street vacation. Ms. Caudill reported that the following concerns were brought up at the meeting: 1. The street is used by a number of pedestrians from the neighborhood who need to get to Lake Drive Plaza to shop 2. Closing the street would increase traffic on other neighborhood streets 3. Spruce Street provides a safe route for citizens and school buses to get out of the neighborhoods during inclement weather me 4. The safety of the intersection at Hardy Road and Spruce Street with regard to visibility Ms. Caudil reported that the Police Department had advised her that there had never been any recorded accidents on the Spruce Street side of the intersection. She added that between 2005 and 2010, a number of accidents had occurred on the other side of the street at the EZN exit. Ms. Caudill pointed out that the perception that the intersection is dangerous may lead drivers to be more cautious there. Ms. Caudill reported that several citizens had expressed concern about the legality of Mr. Montuori's offer to allow traffic to use the old Tires for Less parking lot as a way to gain access to Old Virginia Avenue if that portion of Spruce Street is vacated, She went on to say that after checking with the Police Department on this concern, she had been advised by Lt. Austin that it would not be illegal. Ms. Caudill pointed out that the Town had been advised by legal counsel that the requested vacation must go through a review by the Planning Commission since the street is a publicly used street. Ms Caudill reported that she had passed this information on to the Planning Director and was advised by Ms. McMillan that the Planning Commission would probably want to have additional traffic information on the intersection of Hardy Road and Spruce Street. It was noted that if Mr, Montuori wishes to go forward with his request, the Town's engineers, Mattern and Craig, would conduct a traffic study at the petitioner's expense. She discussed some of Mr. Montuori's options depending on the results of the traffic study. Mr. Nance questioned the purpose of Ms. Caudill's report on the public meeting, Ms. Caudill advised that staff would like to know whether Council is interested in getting more information before scheduling a public hearing and if there is enough interest in the request to move forward. She advised that staff would work with the Planning Commission to get a public hearing scheduled. Mr. Al Fulton questioned whether the street vacation would benefit the Town in any way, Ms. Caudill responded that the Town could place a price on the property and can also impose conditions, if that is Council's wish. Ms. Helen Fulton expressed concern that pedestrians would have difficulty in accessing Hardy Road if Spruce Street is vacated, especially in inclement weather. Mr. Raymond Clark felt that the street should remain as it is. Claudine Ellis stated that she understood that a portion of the street in question is not a street but is actually an alley. Ms. Caudill stated that staff initially thought that section was an alley but after investigating the matter, they found that it is definitely a part of Spruce Street. N Roger Overstreet questioned whether Mr. Montuori's offer to allow traffic to use the old Tires for Less property to access Hardy Road would cause the same traffic safety issues that occur at EZN. He also thought that vacating the street would make it very difficult for senior pedestrians. Galan Conner spoke out saying that if Mr, Montuori is able to consolidate the Tires for Less property with property he currently owns, it would give the Town a viable piece of property for future development. He asked Council to consider the future when considering Mr. Montuori's request. At this point in the meeting, Mr. Montuori rescinded his request for the Town to vacate a portion of Spruce Street and stated that he would make a decision the following morning as to whether or not he would purchase the old Tires for Less property. He commented that perhaps people in the neighborhood might see the situation differently in the future. Mr. Montuori offered to pay for any costs that the Town might have been incurred at this point. Ms. Fidler thanked Mr. Montuori for coming to Council with his plans and showing them the property's potential. She also thanked the citizens from the neighborhood for their input, Mayor Grose concurred with Ms. Fidler's comments. Mr. Hare commended Mr. Montuori for what he is doing in the Town and thanked him for re -investing in the Town. He also expressed his appreciation to those citizens from the neighborhood that spoke in opposition to the street vacation. Mr. Hare stated that the Town is going to have difficult challenges in the near future and as a Town, must be willing to consider those issues that are uncomfortable and to be prepared to make sacrifices. Mr, Nance recommended that Mr. Montuori go ahead with his purchase of the property. He noted that he felt Mr. Montuori would be successful with whatever he does with the property. ATTEST: Darleen R. Bailey, Town Clerk Bradley E. Grose, Mayor 0 MINUTES OF A SPECIAL CALLED MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, AUGUST 3, 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 Anita McMillan, Planning Director Gloria Morgan, Administrative Clerk 1. Consider Request to Accept the Dedication of Right -of -Way for a Portion of Second Street Adjacent to 720 Second Street Mayor Grose called the special called meeting to order at 5:00 p.m. Following roll Roll call, convened in a call, Ms. McMillan gave a brief report on a request to accept the dedication of a right- closed meeting of -way for a portion of Second Street, Following Ms. McMillan's report, Mr. Nance moved to adopt proposed Resolution No, 1886 approving the request to accept the dedication of a portion of Second Street adjacent to 720 Second Street, The motion was seconded by Mr. Altice and passed on a unanimous roll call vote. The Special Called Meeting adjourned at 5:10 p,m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, AUGUST 17, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, fffiayor Robef-R—.11ti-c�— Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Elizabeth Dillon, Town Attorney Darleen Bailey, Town Clerk Barry Thompson, Finance Director/Treasurer Herbert Cooley, Police Chief Mike Kennedy, Public Works Director Mary Beth Layman, Special Programs Director Anita McMillan, Planning Director Stephen Doyle, Police Sergeant Jesse Schmale, Intern A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C, PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1 Request to Approve Minutes for Regular Meetings of June 15 and July 6, 2010 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Presentation by Roanoke City Mayor David Bowers Recognizing Town Council's Contribution to Rebuilding Together 2. Recognize Police Officer of the Month (July) — Sergeant Steven Doyle F. CITIZENS' COMMENTS AND PETITIONS G. OLD BUSINESS 1 Proposed Amendments to the Town of Vinton Zoning Ordinance, Article V, Supplementary Regulations, Division 3, Section 5-5,Exceptions to Yard Requirements and Section 5-11, Visibility at Intersections, relating to the placement and height of fences, walls, arbors and trellises within Residential Districts — Proposed Ordinance No. 903 H. TOWN ATTORNEY I. TOWN MANAGER 1. Request to Approve Purchase of Leaf Vacuum System from Roanoke City — Resolution No. 1887 J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1 . Presentation on Farmers Market Business Plan 2. Discussion — Mowing Complaint Regarding Riparian Buffer Adjacent to Tinker Creek Roll call, invocation Mayor Grose called the regular meeting to order at 7:00 p.m. and Pledge of Following roll call, the Mayor gave the invocation and Councilman Allegiance to U.S. Altice led the Pledge of Allegiance to the U.S. Flag. Flag. The consent agenda was approved on a motion by Mr. Hare and Approved Consent seconded by Mr. Nance. The motion passed with all in favor Agenda Roanoke City Mayor, David Bowers, who was representing the Board of Directors for Rebuilding Together, presented the Mayor with a framed certificate in appreciation for the donation made by the Town to Rebuilding Together. He explained that this organization is similar to Habitat for Humanity but instead of building homes, Rebuilding Together rehabilitates houses for citizens who are unable to do the work themselves. He noted that Rebuilding Together for the Roanoke Valley has worked on 350 houses during the past 10 years and hoped to be able to work on another 50 homes before the year is out. He also noted that Rebuilding Together is the coordinator for other groups such as Transformers and World Changers. Mr. Nance read a letter from Police Chief Herb Cooley naming Sgt. Stephen Doyle as Police Officer of the Month for July. Anita McMillan reviewed work completed by the Planning Commission regarding an amendment to the Town's fence ordinance. In her report, she noted that at their July 201h meeting, Council referred the proposed ordinance back to the Planning Commission to take a second look at the 5 foot front yard setback requirement for fences. She went on to say that the Planning Commission stood by their initial recommendation since Council has the option to make any changes they believe are necessary. Ms. Fidler advised the Mayor that she planned to enter a motion that proposed Ordinance No. 903 be approved with an amendment to remove the 5-foot front setback requirement. Mr. Altice felt that any safety issues could be handled without the need for an ordinance. Mr. Lawrence replied that currently, the Town can only deal with safety issues if it is within the sight triangle. Motion to adopt an •-• Ordinance • 903 failed In response to an inquiry by Mr. Nance as to the number of fencing issues handled by the Town each year, Ms. McMillan reported that the issue came up at least three times last year. Mr. Nance questioned whether the proposed ordinance would magnify the problem because most property owners are not aware that a zoning permit is required. He felt the proposed ordinance would just add additional bureaucracy to the process and pointed out that he had a basic problem with telling citizens what they can and cannot do in their own front yards. Following further discussion on what should be taken out of the ordinance, Ms. Fidler made a motion to approve proposed Ordinance No. 903 with the following amendments: 1. Remove the 5-foot front yard lot line setback requirement and, thus, maintain the current 0 setback requirement 2. Remove language dealing with arbors and trellises The motion was seconded by Mr. Altice and failed with the following 3 — 2 vote. Mr. Altice Yes Ms. Fidler Yes Mr. Hare No Mr. Nance No Mayor Grose No Mayor Grose asked if there were any further motions and there were none. The Town Manager reported that a gentleman missing from the Berkshire Nursing Home had been found by the Vinton Police Department on Monday. He expressed his appreciation to the Police Department, the Vinton and Roanoke County Fire and Rescue Departments and a number of community volunteers for their efforts in the search. Mr. Lawrence noted that Council had been briefed at the last Council meeting on the purchase of a used leaf vacuum system from Roanoke City. He pointed out that staff had found money in the current budget, partly through savings found during an audit of the Town's phone services. The Town Manager noted that to avoid delaying the purchase any further and risk losing out on the opportunity to purchase the City's leaf vacuum, money would be temporarily taken out of surplus funds and replaced when the audited savings are realized. Passed Resolution No. 1887 approving the purchase of a leaf vacuum from Roanoke City Mr. Altice moved to approve proposed Resolution No 1887 approving the purchase of the leaf vacuum and challenged staff to replace those funds taken out of the reserves. The motion was seconded by Mr. Altice and passed on a unanimous roll call vote. Mr. Lawrence reported that he would report back to Council at their next meeting on how the money in the reserve fund will be replaced, Mayor Grose noted that he had signed a proclamation designating September V as "Hokie Pride Day" in the Town of Vinton. The Mayor congratulated the Town Departments that had a hand in locating the lost senior citizen. Mayor Grose stated that he would like to formally thank Thrasher Memorial United Methodist Church for their efforts in the public/private partnership with the Town's pool operations this summer. He went on to say that the church set a good example of how a private/public partnership can work in the Town and looked forward to developing other similar partnerships. Mr. Hare thanked the Police Department for a very successful "National Night Out" event. Mr. Nance echoed Mr. Hare statements regarding "National Night Out". He also thanked Mary Beth Layman as well as Thrasher Memorial United Methodist Church for the success experienced at the swimming pool this summer. Mr. Nance reported that he and Ms. Fidler met with Hal Mabe informally as the Sign Sub -Committee concerning Mr. Mabe's recommendation that the Town display banners advertising special events in the Town. Mr. Nance advised that because of the current economic situation, some of the larger projects recommended by Mr. Mabe would not be possible at this time. He went on to say that he agreed with Mr. Mabe's request for the Town to be a little more aggressive in placing small banners at the Town's entrance ways. Mr. Nance noted that a large bush almost obscures the Town's welcome sign located near Jerry's Restaurant on Washington Avenue and recommended that someone trim it back. He requested an update on the plans for a plaque honoring the late Vice Mayor, Billy Obenchain. Mr, Nance moved to recommend that Craig Sheets be appointed by the Roanoke County Circuit Court to serve as an alternate member on the Vinton Board of Zoning Appeals when there is an opening. 4 The motion was seconded by Ms. Fidler and passed with all in favor. Mr. Lawrence explained that Mr. Sheet's appointment will have to go through the Circuit Court process. Ms. Dillon reported that the process takes time as each Circuit Court judge has to sign off on the appointment. Mr. Altice asked who would replace Mr. Sheets as Emergency Services Coordinator since he is no longer employed by the Town and Mr. Lawrence responded that he would serve in that position since he is Emergency Services Director. Mr. Altice expressed his appreciation to Mary Beth Layman for representing the Town at a function in Daleville. Ms. Fidler gave a brief report on events taking place on the weekends at the Farmers Market. Mr. Lawrence reported that construction plans for O'Reilly's, a new auto parts store, had been approved with the pre -construction meeting taking place on the following Thursday. Hen reported on the start-up of a couple of other new businesses in the Town. Ms. McMillan briefly outlined some issues that the new car wash on Washington Avenue had encountered. Mr. Lawrence reported that this is the 1 oth year for the Fall Waterways Cleanup that will be held on October 2nd Mr. Hare inquired as to whether there would be some type of event to celebrate the new sign at the Vinton Business Center. The Town Manager advised that he would meet with Ms. Caudill to discuss some type of celebration to acknowledge the new sign. Mary Beth Layman gave an update on the Veterans Memorial construction project. NYC F-.V,4 F 3 *14 1012 1 1. Presentation on Farmers Market Business Plan Jesse Schmale, an intern working for the Town this summer from Virginia Tech's Masters in Public Administration Program, gave an overview of a business plan she had prepared for the Farmers Market. She advised that in her report, she had highlighted recommendations for the Market and reviewed what is going on at other Farmers Markets in the Roanoke Valley, in Virginia and around the country. 5 Ms. Schmale discussed the purpose and functions of the Farmers Market. She noted that her research involved operations, marketing, finance, governance and management. She made the following recommendations to improve and increase the use of the Farmers Market: • recruit vendors • form an advisory committee • implement an evening market • create an accounting system • support a part-time manager Ms. Schmale reviewed the highlights of her internship and pointed out some of her accomplishments: assisted Special Programs with promotional activities; worked with the Planning Department to assist Roanoke County in doing address verifications in Vinton; went on a "ride along" with a police officer and shadowed different departments to learn what occurs on a day-to-day basis. As a part of her work, Ms. Schmale advised that she created a Vinton Farmers Market Business Plan and a Farmers Market resource CD that listed all of the resources she was able to collect throughout the summer. She went on to say that the internship gave her many skills that she will be able to build on such as public speaking, strategic business planning, market research, and management in local government. At the conclusion of her report, she thanked everyone who had assisted her with the project. Mayor Grose thanked her and wished her the very best in her future endeavors. Mr. Nance asked her about the number of farmers markets she had visited while compiling her report and was advised by Ms. Schmale that she had visited farmers markets in Richmond, Roanoke City, Williamsburg, and Salem. She noted that she had spoken with managers of several other markets as well. Mr. Nance asked how Vinton's farmers market compares aesthetically with the other markets and was advised that since some markets have no structure, she felt that Vinton's Farmers Market was a very attractive market. 2. Discussion — Complaint Regarding Mowing . i Riparian Buffer Adiacent to Glade i Creek Mr. Lawrence gave a brief history on the implementation of the riparian buffer adjacent to Glade Creek. Following his comments, he noted that the Town had received complaints regarding the need to mow the area where trees were recently planted as a part of a riparian buffer next to Glade Creek. Ms. McMillan gave a definition of a riparian buffer and explained that its purpose is to control flooding and drought, reduce erosion and improve the habitat of fish. She pointed out that the area comprising the riparian buffer cannot be mowed if it is to 0 function the way it is intended to function. Ms. McMillan explained that the buffer's vegetation traps elements such as oil, sedimentation and various chemicals in the water coming off of the roadway and prevents it from running into the creek. She advised that because Glade Creek is an impaired creek, DEQ (Department of Environmental Quality) wants to improve the water quality of the creek so that it will meet the state standards and would be fishable, swimmable and drinkable. She further noted that this is important because most of the City of Roanoke's water supply comes from surface water. Ms. McMillan also pointed out that having the trees, bushes and other vegetation growing there would slow down the flow of water and allow some of it to soak into the ground and protect the creek bank. Following a discussion regarding the riparian buffer on Wolf Creek, Mr. Hare asked if any promises were made by the people who applied for the grant as to whether the area would be kept mowed or not. Ms. McMillan replied that during their conversations, the group had made it plain that the area would not be mowed. Mr. Lawrence added that the application was written based on the area being left in a natural state. Mr. Nance asked if the staff had promised that the area would remain natural and was told by both Mr. Lawrence and Ms. McMillan that they had made that promise as it was the justification for the grant. Mr. Nance asked what the ramifications would be if the Town broke that promise and mowed the area. Mr. Lawrence replied that it would put the Town in a negative light for other grant requests, Ms. Fidler noted that she had attended the neighborhood meeting and recalled that the only area to be mowed would be the area where the children played with the rest remaining in a natural habitat. In response to a question from Mr. Nance as to how the neighborhood had been notified about the buffer, the Town Manager reported that everyone in the neighborhood had received a hand delivered flyer. Mayor Grose asked about the number of complaints received by the Town from the neighborhood and was advised that staff had received two complaints. Mr. Lawrence made the statement that budget constrictions had nothing to do with whether the area is mowed. He did note that if the area is to be mowed, rocks, dirt and other debris would have to be removed, He reiterated that if the area is mowed, it would significantly reduce any benefit that was intended for a buffer zone and could damage the Town's chances of getting other grants, Mr. Drewery stated that he understood from the meeting that the area would look like the area at PFG where they planted their trees. He felt that the un-mowed area had increased the number of ground hogs on his property and requested that the area be mowed, Mr. Hare asked Mr. Drewery what he thought would be a reasonable outcome for the situation. Mr. Drewery responded the he would like to see the height of the vegetation to be kept at 12 inches or less and to reduce the buffer from 85 feet to 20 or 30 feet. Following further discussion on remedies that would be acceptable to the neighborhood and to the Town as well, Mayor Grose stated that he felt information IN about the riparian buffer was not communicated to the community as well as it should have been. Mr. Lawrence asked Council how much of the buffer they felt should be mowed. Mr. Hare recommended mowing another 20 feet of the buffer. The Mayor questioned whether the group that provided the trees might have suggestions on how to deal with this situation. Mr. Lawrence stated that he did not believe the people who provided the grant would have an issue with the Town mowing 20 to 25 feet of the buffer area. Mr. Nance stressed that he had a problem with the Town going back on what was promised when the grant funds were accepted, Ms, McMillan stated that she would contact everyone involved in the grant process to see if a compromise can be worked out. Mr. Nance stated that he did not want the Town go back on its word even if that meant he would not be elected in the next Council election, He thanked Mr. Drewery for bringing the issue to Council. 3. Council Retreat Council agreed to hold a retreat at the Vinton War Memorial on September 22nd from 5:30 to 8:00 and on September 23,d , from 8:00 a.m. until 4:00 p.m. The work session was adjourned at 9:45 p.m, Darleen R. Bailey, Town Clerk M F-11991-101TDO mareff-mofferm-miVAMI TO: Christopher S. Lawrence FROM: Barry W. Thompson, Treasurer DATE: August 24, 2010 SUBJECT: Certificate of Achievement for Excellence in Financial Reporting ISSUE/PURPOSE: Town of Vinton has been notified that its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2009, qualifies for a Certificate of Achievement for Excellence in Financial Reporting. This is the 12t" consecutive year that the Town has received the Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition III governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of disclosure" to clearly communicate the Town's Financial story and motivate potential users and user groups to read the CAFR. ACTION REQUESTED: Presentation of the Certificate of Achievement for Excellence in Financial Reporting to the Town of Vinton by Government Finance Officers Association of the United States and Canada (GFOA) — Barry W. Thompson, Treasurer, Town of Vinton Recognition of Treasurer/Staff and Department — Barry W. Thompson, Treasurer Award of Financial Reporting Achievement has awarded Mr. Barry NNI. Thompson Treasurer/Finance Director as the prima", person designated by the Town of Vinton as primarily responsible for preparing the award - winning CAFR. — Presentation by Bradley E. Grose, Mayor JusTIFICATION/: SUMMARY- Same as above. DATE ACTION NEEDED: September 7, 2010 TOWN MANAGERS COMMENTS: Certificate of Achievement for Excellence in Financial M1=6M Presented to Town of Vinton Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2009 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. E a OF 0 STRU An M"U CWMTM SM to"• President Executive Director MEMORANDUM TO: Members of Vinton Town Council CC: Chris Lawrence, Town Manager Consuella Caudill, Assistant Town Manager/Economic Development Director Mike Kennedy, Public Works Director FROM: Anita J. McMillan, Planning and Zoning Director DATE: August 25, 2010 SUBJECT: Glade Creek Riparian Tree Planting Project Meeting with Stakeholders and Neighbors of the Project Site Background: In March 2010, C.J. Mitchem, on behalf of the Roanoke Chapter of Trout Unlimited, informed Staff that they were planning to submit application for the Virginia Water Quality Improvement Fund (WAIF). The Town was asked to be one of the partners in the grant application because they would like to use the funding for a riparian tree planting project along Glade Creek, on town -owned properties that were purchased through FEMA Flood Hazard Mitigation Grant Program (HMGP), to reduce flooding damage in the Midway Community, In late March 2010, Staff was notified by Mr. Mitchem, that they received the grant and would like to do the planting by April, 2010. Property owners of the project area were given a flyer on April 1, 2010, to inform them of the tree planting project community meeting to be held on April 6, 2010, and of the tree planting event on April 17, 2010. Please see attached list of owners notified and flyer. An area about 30 feet by 100 feet is reserved as a play area for the neighborhood children. The play area and a strip about 30 feet wide along Tinker Avenue are mowed by the Public Works Department. The rest of the planted area of approximately 350 native trees and shrubs is to be left in its natural state to serve as a riparian buffer for Glade Creek. Partners Involved: The Roanoke Chapter of Trout Unlimited, Upper Roanoke River Roundtable, Orvis, Town of Vinton, Roanoke Valley Urban Forestry Council, Roanoke Valley Greenway Commission and Roanoke Valley Area Metropolitan Planning Organization. Funding: VA Department of Forestry — WQIF Regional Grant Program: $5,825 Local Match (Orvis.): $ 2,915 In -Kind Match: S 3,850 Total Project Cost: $12,590 Goal of the Project: To protect Glade Creek and increase tree canopy as part of a valley - wide goal of achieving a healthy urban system by providing a riparian buffer along the creek. Glade Creek, Tinker Creek and Roanoke River are listed as Impaired Streams by Virginia Department of Environmental Quality (VDEQ) for bacteria, sediment, PCB*s in fish tissue, and dissolved oxygen. A stream that does not meet State Water Quality standards because pollutant levels are too high is considered to be Impaired Stream. Glade Creek drains to Tinker Creek and eventually to the Roanoke River, Issue: Beginning in June of this year, Staff was contacted by Charlie Drewery regarding the mowing of the tree planting area. Mr. Drewery attended two Council meetings regarding the mowing of the tree planting area. Mr. Drewery and others in the vicinity of the planting site stated that the unmowed planting areas are unsightly and have caused ticks, skunks, groundhogs, and other wildlife problems in the neighborhood, Town Council has directed staff members including the Town Manager, Public Works Director and Planning and Zoning Director to meet with stakeholders and the neighbors to reach a solution to address the concerns. Summary of the Stakeholder and Neighborhood Meetings: Stakeholder Meeting, 8/24/10, 8:00 a.m.: Attendance: Chris Lawrence, Mike Kennedy, Anita McMillan, C.J. Mitchem, on behalf of The Roanoke Chapter of Trout Unlimited and Upper Roanoke River Roundtable, and Bob Boeren from Virginia Department of Forestry. Mr. Boeren and Mr. Mitchem stated that the trees and shrubs were planted about 10 feet apart with the understanding that the area is to be left in its natural state to serve as a riparian buffer to benefit Glade Creek and the environment. Mr. Boeren stated that PFG, Inc.'s trees planting project was for carbon sequestration, and trees were planted far apart for the area to be easily mowed and maintained because of its location in a corporate environment along a major corridor. Regarding the Glade Creek planting area, it was confirmed that when holes were dug, rocks and other debris were left in the area with the understanding that it will be left in its natural state, The planting areas were formerly developed with single-family dwellings which were demolished through the hazard mitigation grant funding to remove structures located in the floodway and reduce flood damage in the Midway Community, Additionally, according to Mr. Boeren and Mr. Mitchem, tubing, landscape fabric and metal staples were used around the trees to protect invasive weeds from growing. Mowing of the areas will not only damaged the mowing equipment, but will also damage the fabric and the tubing, which will eventually kill the trees. Furthermore, if the trees are damaged, the Town may not be eligible for future grant funding. According to Mr. Boeren, the Commonwealth of Virginia may receive about $1 million dollars from the federal government to the Virginia Small Business Administration for tree plantings and other environmental related projects. Both Mr. Mitchem and Mr. Boeren understand the concerns brought by the neighbors and are willing to work with the Town for a comprise so it will not put the Town at a disadvantage for future grant funding. Using the Virginia Department of Forestry guidelines, they recommend at least a 50 feet wide riparian buffer from the creek not be mowed. Using a diagram of the planting areas prepared by Mr. Kennedy, with a buffer of 50 feet wide to be left umnowed, it is calculated that two rows from Tinker Avenue can be mowed. Mr. Mitchem mentioned that The Roanoke Chapter of Trout Unlimited will fund educational signage to be posted in the planting areas. Staff will coordinate the signage placement, materials to be used, and messages to be posted with Mr. Mitchem at a later date. Neiv-hborhood Mectini,,, 8/24/10, 9:30 a.m.: Attendance: Bob Boeren, C.J. Mitchem, Anita McMillan, Mike Kennedy, Charlie Drewery, April Drewery Fitzgerald, Kyle Kinsey, Stephanie Merlin, and Sue Overstreet. Mr. Drewery stated that residents of 430 and 434 Tinker Avenue were not able to attend the meeting, but they asked him to represent them. Mr. Boeren explained to those in attendance the difference between PFG, Inc., and Vinton Glade Creek planting projects; the benefits of the riparian buffer, especially to Glade Creek; and the goal of the Town to meet the urban tree canopy goal of 40 percent. The neighbors stated that they were given the impression that the planting areas will look like PFG, Inc. site. Ms. Fitzgerald and Mr. Drewery stated that the overgrown vegetation has caused ticks, skunks, groundhogs, and possibly copperheads in the neighborhood. Mr. Mitchem apologized on behalf of his group for any misinformation, Ms. Merlin stated her problems with skunks, groundhogs and concerns about rattlesnakes, Ms. Merlin asked if the Town would at least take care of the tall clumps of weed. The neighbors felt that they have been misled and left with unsightly, unmowed planting areas. Mr. Drewery and Ms. Merlin made a statement that the resident of 525 Tinker Avenue has been mowing a portion of the planting area adjacent to his property. They wanted to know, if the Town is not going to mow the planting area, if they will be allowed to mo", the planting area. Mr. Boeren explained to them that it is required that a portion of the riparian buffer from 3 Glade Creek be left unmowed so the buffer will meet the intent of the grant application and so the Town can continue to be eligible for future grant funding. The issue of the resident at 525 Tinker Avenue mowing a portion of the planting area will be handled at a later date by the Town. It was agreed to and accepted by those in attendance that the Town will mow two rows from Tinker Avenue and undertake spot treatments for the clumps of the invasive weeds along the whole area. Mr. Drewery is to inform the residents of 430 and 434 Tinker Avenue of the agreed compromise. The neighbors were informed that if they have any questions, and/or are still not satisfied with the agreed compromise to call Chris Lawrence. They were also informed that members of Town Council will be briefed on the issue during the Town Council regular meeting on September 7, 2010. Mr. Kennedy stated that, with the need to mow two rows of the planting site, rocks and other debris will have to be cleared away to minimize damage to the mowing equipment. Special attention will have to be given during mowing due to the landscape fabric and metal staples that were placed around the trees. Mr. Kennedy also stated that, the spot treatment of the invasive weeds may have to be contracted out since the Public Works Department does not have certified herbicide applicator, and is not well qualified to identify invasive weeds and apply in the manner used by a professionally trained and certified applicator. rd