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HomeMy WebLinkAbout9/18/2012 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, September 18, 2012 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Consider approval of minutes for the Council Regular Meeting of September 4, 2012. E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Police Officer for the Month of August – Officer Christopher Froeschl. 2. Presentation on the SERC and Weatherization work in the Vinton Community. 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 ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution authorizing the Town Manager to execute a Government Obligation Contract with First Capital Equipment Leasing Corp. in the amount of $313,814.50 for seven (7) police vehicles and two (2) administrative vehicles for the Police Department. Bradley E. Grose, Mayor William “Wes” Nance, Vice Mayor I. Douglas Adams, Jr., Council Member Robert R. Altice, Council Member Matthew S. Hare, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 BRIEFING 1. Update on funding reimbursement to the Wireless Board I. MAYOR J. COUNCIL K. CLOSED MEETING 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 A (7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel. L. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING M. ADJOURNMENT NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. NEXT TOWN COMMITTEE/COUNCIL MEETINGS: September 23-26, 2012 – VML Annual Meeting – Williamsburg October 2, 2012 – 5:30 p.m. – Finance Committee Meeting – Finance Conference Room October 2, 2012 - 7:00 p.m. – Regular Meeting – Council Chambers Meeting Date: September 18, 2012 Department: Town Clerk Issue: Consider approval of minutes for the Council Regular Meeting of September 4, 2012 Summary: None Attachments: September 4, 2012 minutes Recommendations: Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, SEPTEMBER 4, 2012, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor William W. Nance, Vice Mayor I. Douglas Adams, Jr. Robert R. Altice Matthew S. Hare STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk Theresa Fontana, Town Attorney Gary Woodson, Public Works Director Ben Cook, Police Chief Barry Thompson, Finance Director/ Treasurer Stephanie Dearing, Human Resources Director Joey Hiner, Assistant Public Works Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member Adams, Council Member Altice, Council Member Hare, Vice Mayor Nance, and Mayor Grose present. After a Moment of Silence, Mr. Altice led the Pledge of Allegiance to the U.S. Flag. Roll Call Vice Mayor Nance made a motion to approve the consent agenda as presented; the motion was seconded by Mr. Altice and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Approved minutes of Council Regular Meeting of August 21, 2012 The Mayor read a Proclamation recognizing the month of September 2012 as World Alzheimer’s Awareness Month. Annette Carter and Cora Beth Akers, members of the local Alzheimer’s Memory Walk Team, and Joy Nickelston, were present to accept the Proclamation. The Mayor next presented a Certificate of Appreciation to Dave Jones, Manager of our local Southern States for their contributions to the Town and its citizens. Mr. Jones commented that they are in the running for the No. 1 Feed Mill in North America this year and hope that this recognition will put them at the top. The Mayor then made comments and read a Proclamation declaring the month of September 2012 as National Preparedness Month. 2 The next item on the agenda was an update on the Virginia Department of Transportation (VDOT) Walnut Avenue Bridge Project. Joey Hiner, Assistant Public Works Director, gave a brief history of the project. In 2006 the Walnut Avenue corridor was selected by VDOT for reconstruction and revitalization. In 2008-2010 economic conditions reduced the funding allocations and the project was divided into smaller projects. The Town was asked to prioritize what part of the project should be completed first and the bridge replacement was ranked first and the intersection at 8th Street second. In May 2010, a citizens’ information meeting was held at the Municipal Building to engage citizen reactions and to review three alternatives. Alternative One was to detour traffic from Walnut Avenue to Route 24 during construction. Alternative Two was to build a temporary bridge to the side of the new bridge and Alternative Three was to build the new bridge to the side of the existing bridge so Walnut Avenue could remain open during construction and then the old bridge was to be demolished. Alternative Three was selected. By July of 2012 the engineering was to have been finalized. From that date until February 2013, VDOT will be doing right-of-way acquisitions and other necessary steps and the project will go to bid. Commencement of construction will be in May or June and completion of construction is projected to be July of 2014. Council Members made comments regarding the benefits of the selection of Alternative Three. Dave Jones commented from the floor that Alternative Three was not in the original proposal, but it was suggested at the Citizens Informational Meeting and VDOT took that suggestion. Mr. Adams commented about taking the road that is now straight and putting a bend in it. Mr. Hiner commented that it can be a deterrent to speeding in that area. Also, the bridge will be raised a projected 2 to 2-1/2 feet above the old bridge which will help to eliminate some of the flooding that we are now experiencing with the current bridge. Also, the final plan does not have a center tier under the bridge which also collects debris and contributes to flooding. 3 The next item on the agenda was an Ordinance amending Chapter 94-Utilities, of the Town Code. Barry Thompson, Finance Director/Treasurer, reviewed his staff report regarding the Code amendment. This Ordinance will bring the Town Code into compliance with the State Code and will establish a $100 deposit for water service for residential customers who are non-property owners. It will apply also to commercial or residential customers whose utility service has been disconnected for non-payment twice in a twelve month rolling period (fiscal year). This will also need to be established in the Town’s Rates and Charges Schedule for Water and Wastewater Services and the recommendation is for the policy to be effective November 1, 2012. Mr. Thompson commented that the amendment to Section 94-14 provides that any unpaid water and sewer fees and charges, and any penalty and interest thereon, shall constitute a lien against the property in compliance with Section 15.2-2119 of the State Code. Mr. Thompson stated that we advertised this matter in The Vinton Messenger for public comment and we have not received any comments. The Town Manager indicated he had spoken with a business owner who was not opposed to the new policy. We currently have approximately $80,000 from 2002 that is uncollected. The Mayor commented that he supports the policy and his only concern the placement of a lien on properties. However, considering the rare occasion that the placement of a lien would have to be enforced, he supports the policy. Mr. Altice commented that people who are paying their bills are subsidizing those who are not. The Mayor asked if there were any public comments from the floor and hearing none, the public comment period was closed. Mr. Hare made a motion to adopt the Ordinance as presented; the motion was seconded by Mr. Altice and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Adopted Ordinance No. 926 amending Chapter 94-Utilities of the Town Code relating to recent changes by the General Assembly and adding language regarding the collection of deposits. The next item on the agenda was an Ordinance setting the water and wastewater rates and 4 charges effective November 1, 2012. The Town Manager commented that we need to add the utility deposit to the current rates and charges schedule. There are no other changes. Vice Mayor Nance made a motion to approve the Ordinance as presented; the motion was seconded by Mr. Altice and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Adopted Ordinance No. 927 setting the residential/commercial/institutional/industrial water and wastewater rates and charges effective November 1, 2012 The next item was a Resolution authorizing the Town Manager to execute documents relating to the Walnut Avenue Bridge Project. After comments by the Town Manager, Mr. Altice made a motion to approve the Resolution as presented. Mr. Hare asked if we are really only paying less than $10,000 for a $2 million bridge. The Town Manager commented that the Town is required to pay one percent of the cost and the balance is paid with funds from the taxpayers in Virginia through VDOT for the rest of the project. Mr. Hare asked how we could get other projects like this for the Town and the Town Manager commented that the Town submits project requests to VDOT which become part of a six-year plan. The funding of projects is based on the economy. Other projects on the list have been pushed back several years due to the Walnut Avenue project. After discussion, the motion was seconded by Vice Mayor Nance and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Adopted Resolution No. 1984 authorizing the Town Manager to execute an Urban Project Construction Agreement and an Appendix A with the VDOT relating to the Walnut Avenue Bridge project. The next item was a Resolution appropriating funds in the amount of $2,500.00 from the DCJS Forfeiture Funds for the Commonwealth Public Safety Memorial. After comments from Chief Cook, Mr. Altice stated that the money is going to a good cause. Mr. Hare commented that he wanted to commend the Chief and the Police Department for including the entire Town on this brick not just the one department. Mr. Adams made a motion to approve the Resolution as presented. Carolyn Fidler asked from the audience about the location of the monument and was furnished a diagram by Chief Cook. The motion was seconded by Mr. Hare and Adopted Resolution No. 1985 appropriating funds in the amount of $2,500.00 from DCJS Forfeiture Funds for the purchase of an engraved brick at the Commonwealth Public Safety Memorial in Richmond, 5 carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Virginia, on behalf of the Town of Vinton Police, Fire and Rescue Departments. Chief Cook gave Council an update on the incident at Herman L. Horn Elementary School on Friday, August 31st. The School received a call regarding a possible incident relating to a custody dispute and based on this information the School was locked down. The incident did not materialize and there was no threat to the students or faculty at the school or to any parent. Mr. Hare asked about the jurisdictional area and the response was that the Vinton Police Department took control along with the assistance of Bedford County Sheriff’s Deputies who were in Town on another incident along with Roanoke City Police. Vice Mayor Nance commented that any threat cannot be minimized or ignored and he appreciated the Police and the School’s reaction to it. Vice Mayor Nance asked if the alert that went out was a school system alert. The Town Manager responded that it came from the school to all parents who had children there. Chief Cook indicated that the “all clear” message was sent out to a broader audience. The next item was a Resolution appropriating funds in the amount of $2,215.00 through the VML Insurance Programs Risk Management Safety Grant Program to the Public Works budget. Gary Woodson, Public Works Director, commented that these funds are being used to replace the lights in the garage at the Public Works facility. The lights are currently T-12 fixtures and are being replaced with 100 Watt LED lights for a cost of $4,500.00. The balance of the cost will come from the maintenance and repair of building account. Mr. Hare commented that the fixtures are over $400 a piece and that T-8 fixtures are about half this cost. He wanted to know why T-8 fixtures were not considered since LED lighting is still the cutting edge of that kind of technology. Mr. Woodson responded that the opportunity came up after getting advice from vendors and the application for the grant funds was based on specifications for the LED lights. Mr. Hare asked about the warranty for the lights and Mr. Woodson indicated he would find out and 6 respond back to Council. Mr. Hare made a motion to approve the Resolution as presented; the motion was seconded by Mr. Altice and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Adopted Resolution No. 1986 appropriating funds in the amount of $2,215.00 received through the VML Insurance Programs Risk Management Safety Grant Program to the Public Works budget. The next item was a Resolution awarding the bid and authorizing the Town Manager to execute a contract with S. J. Conner & Sons, Inc. in the amount of $31,750.00 to replace the Montgomery Village Pressure Reducing Station. Mr. Woodson reviewed his staff report with Council. Vice Mayor Nance commented that Council had been briefed on the project as part of last year’s budget process as well as at a work session and made a motion to approve the Resolution as presented. Mr. Hare commented about how the project is being paid for, part out of contingency and part out of fund balance. The Town Manager explained that the current utility fund budget has a line item for contingency so rather than take all the money out of the utility fund balance, the recommendation is to use all of the contingency money first and the remaining balance take out of the utility fund balance. Where in theory we had budgeted $45,000 for this project last year, we ended the year just under $200,000 in the black in the utility fund partly because we didn’t spend this $45,000. Mr. Hare then commented that it feels really early to be going into the fund balance only one month into the fiscal year. Mr. Thompson commented that when we balanced the budget there was a $21,974.00 balance that was unallocated and we put it in a line item for reserve for contingency and designated it for this project. He understands what Mr. Hare is saying that we could go to some other lines items in the utility budget and find the $9,776.00. Mr. Hare further commented that we are already over spending some line items and we have not dipped into the fund balance for those. Vice Mayor Nance commented that this seems cleaner to him than pulling down other line items in the budget that we have just started to go into. 7 Mr. Hare then commented that it forces people to save money. If you don’t have the extra in your budget, you figure out ways to make your budget work. There are two different ways to do it and I want to make sure everybody is aware. I am not saying one is right or wrong. Mr. Woodson commented that this project was originally budgeted for $41,000 and we are coming in at $31,750.00 which is a savings in comparison to most of our projects. The Town Managed then commented that Mr. Hare’s point is recognized and that possibly they would work through the budget during the year and make up the $10,000.00, but he recommended they move forward as proposed in the Resolution. Mr. Hare said that he is not asking staff to do that if he approves the Resolution as presented. He wants projects completed on the utility side because they have been delayed long enough. The Mayor indicated that is a good point made because often when the budget is squeezed that some maintenance work does not get done. The motion was seconded by Mr. Adams and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Adopted Resolution No. 1987 awarding a bid and authorizing the Town Manager to execute a contract with S. J. Conner & Sons, Inc. in the amount of $31,750.00 to replace the Montgomery Village Pressure Reducing Station. The Town Manager commented that the Council Retreat has been scheduled for Sunday evening, October 28th, and all day on Monday, October 29th, beginning at 9:00 a.m. Kathy Baske Young will be the facilitator for the Retreat. The Mayor reminded everyone that the last Mingle in the Market will be held this Saturday. He also mentioned the upcoming Veteran’s Day events, the 5-K Race on September 9th and a picnic at the War Memorial on Veteran’s Day. The Town Manager referred to the minutes of the Public Works Committee that were presented to Council and asked for any questions. Mr. Hare made comments on the financial report for July 2012. For the first month of the year, we are running where expected in General Fund, expenditures are under and where expected at this time. This is due to open positions and some timing of payments. Mr. Hare 8 made a motion to approve the Financial Report for July 2012 as presented; the motion was seconded by Vice Mayor Nance and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Approved Financial Report for July 2012 Vice Mayor Nance asked about the target date for the chiller at the Fire and EMS Building to be up and running and the response was September 14th. He also mentioned the Advanced Police Academy to begin on September 17th. Chief Cook indicated there are 12 individuals signed up to participate. Mr. Hare asked about the sign that is now up at the corner of Washington and By-Pass Road that does not look like what he thought it would look like. It is not encased in brick. The Town Manager responded that he had reviewed the MOU just today and the opening paragraph indicates that it shall have a masonry base, but that the School Board shall have the decision on the final design based on certain factors. He will check on it, but it does meet the permit requirements. Mike Stovall had called the office and indicated they have already made initial contact with the neighbors regarding the vegetation and that a meeting will be scheduled with the Town, the Chamber and the Schools regarding the messaging. The electricity still has to be run to the sign. Mr. Hare made a motion that Council go into a Closed Meeting pursuant to Section 2.2-3711 (A) (1) of the Code of Virginia, as amended, for discussion regarding appointments to boards and commissions; the motion was seconded by Mr. Adams and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. Council went into Closed Meeting at 8:30 p.m. At 9:12 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Mr. Hare, seconded by Mr. Adams and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. 9 Council had a brief discussion regarding the Roanoke Valley Resource Authority’s Residential Disposal Policy and how the Town is charged for the visits to the Transfer Station. The Town Manager is to check with the RVRA and report back to Council. The meeting was adjourned at 9:15 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date: September 18, 2012 Department: Police Issue: Police Officer for the Month of August – Officer Christopher Froeschl Summary: Officer Christopher Froeschl was selected as Officer of the Month for August 2012. He will be recognized at the meeting. Attachments: Letter from Chief Cook Recommendations: Read letter Town Council Agenda Summary Meeting Date: September 18, 2012 Department: Town Clerk Issue: Presentation on the SERC and Weatherization work in the Vinton Community Summary: Alfred Chevalier and Rick Sheets from TAP will be present to make this presentation. Attachments: None Recommendations: No action required Town Council Agenda Summary Meeting Date: September 18, 2012 Department: Police Issue: Consider adoption of a Resolution authorizing the Town Manager to execute a Government Obligation Contract with First Capital Equipment Leasing Corp. in the amount of $313,814.50 for seven (7) police vehicles and two (2) administrative vehicles for the Police Department. Summary: The Police Department has been approved and budgeted for the purchase of nine (9) police vehicles; seven (7) patrol cars and two (2) detective vehicles. The Town Manager’s signature is required on the Contract for the leasing company to begin the payment process, scheduled to begin on October 6, 2012. Attachments: Pertinent Parts of Contract Resolution Recommendations: Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, SEPTEMBER 18, 2012, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, Town Council has previously adopted an Individually Assigned Vehicle policy which sets forth the public necessity to purchase and maintain an adequate fleet of law enforcement vehicles. This policy is implemented through a planned and budgeted five-year Capital Improvement Program; and WHEREAS, Town Council has approved and budgeted for the purchase of nine (9) police vehicles; seven (7) patrol cars and two (2) detective vehicles; and WHEREAS, Sheehy Ford in Richmond, Virginia, has been selected as the supplier for these vehicles at a total cost of $323,814.50 less trade ins totaling $10,500.00, for a total amount to be financed of $313,814.50; and WHEREAS, First Capital Equipment Leasing Corp. will be providing the financing for the vehicles through a municipal lease-to-own program; and WHEREAS, First Capital Equipment Leasing Corp. and the Town need to enter into a Government Obligation Contract for the financing and Council needs to authorize the Town Manager to execute the contract. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager and Town Attorney to execute the contract with First Capital Equipment Leasing Corp. and any other necessary documents which shall be in a form approved by the Town Attorney. This resolution adopted on motion made by Council Member _________________ and seconded by Council Member _______________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, Town Clerk Meeting Date: September 18, 2012 Department: Police Issue: Update on funding reimbursement to the Wireless Board Summary: During a validation process conducted by the Wireless Board for the FY09 and FY10, it was determined that the board overpaid the Vinton 9-1-1 Communications Center during that period of time, as well as many other localities throughout the Commonwealth. The decision of the wireless board is that the localities reimburse the board for overpayments in order to compensate other jurisdictions that were underpaid. It has been determined that the Town of Vinton must refund $29,527.25 to the Wireless Board. Chief Cook is currently in negotiations with the board and will have additional information after the Wireless Board meeting on September 13, 2012. Attachments: Letter from Steve Marzolf Email from Steve Marzolf Recommendations: No action required at this meeting Town Council Agenda Summary Meeting Date: September 18, 2012 Department: Council Issue: Request to Convene in Closed Meeting, Pursuant to § 2.2- 3711 A(7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel. Summary: None Attachments: None Recommendations: Reconvene and adopt Certification of Closed Meeting Town Council Agenda Summary