HomeMy WebLinkAbout7/21/2009 - RegularBradley E. Grose, Mayor
Robert R. Altice, Councilman
Carolyn D. Fidler. Councilwoman
William 'Wes" Nance, Councilman
William E. Obenchain, Jr., Vice Mayor
isp[4:161-t
pw,fiml
AGENDA
Consideration of.
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. CONSENT AGENDA
1. Approval of Minutes: Regular Meeting of July 7, 2009
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
2. Resolution Reappointing Mary Beth Layman to the Roanoke Valley Cable
Television Committee
ACTION: ADOPT RESOLUTION NO. 1832
1 Approve Appropriation of Funds for the Bureau of Justice Recovery Grant
ACTION: ADOPT RESOLUTION NO. 1833
4Amend Employee's Flexible Benefits Plan to Add Use of Debit Cards
ACTION: ADOPT RESOLUTION NO. 1834
1 Recognize James "Barry" Griffin on the Occasion of His Retirement —
Resolution No. 1835
2. Recognize Police Officer of the Month for June, 2009, Master Police Officer
Craig R. Frye
3. Recognize Dispatcher of the Quarter, James "Barry" Griffin
A. Presentation by Lawrence Garland — Proposed Eagle Scout Project Concept
G. TOWN ATTORNEY
foly YACI
. jyj L, I ITI M k" ;g;4
1. Appropriation of Funds — Vinton Ford Feasibility Study — Resolution No, 1836
msmm��
1 Authorization to Solicit Bids for Vinton Fire House Repairs — Resolution No.
1837
Ti 0.701 -.0
1 Reminder that August 4 1h Meeting will be Cancelled to Allow Council to Attend
the "National Night Out" Celebration
J. COUNCIL
i 1111P 1*] 11 :4
NEXT TOWN COUNCIL MEETING: August 18, 2009
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.
1 Discussion of a Special Use Permit Request for a Two -Family Dwelling at 345 South
Preston Road
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON
TUESDAY, JULY 7, 2009 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
William W. Nance
William E. Obenchain, Jr.
STAFF PRESENT: Chris Lawrence, Town Manager
Consuella Caudill, Asst. Town Manager
Elizabeth Dillon, Town Attorney
Gloria Morgan, Administrative Clerk
Anita McMillan, Planning Director
Herb Cooley, Chief of Police
Ben Cook, Police Lieutenant
Mike Kennedy, Public Works Director
Mary Beth Layman, Special Program Coordinator
Beth Austin, Human Resource/Safety Manager
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. Approval of Minutes: Regular Meeting of June 16, 2009 and Budget Work Session
for April 27, 2009
E. AWARDS, RECOGNITIONS, PRESENTATIONS
F. CITIZENS' COMMENTS AND PETITIONS
G. TOWN ATTORNEY
1. Amendment to Vinton Town Code, Section 90-2, Adoption of State Law, and Section
90-9, Disposition of Juvenile and Domestic Relations Cases; Driving While Under
the Influence of Alcohol or Drugs, Adoption of State Laws — Ordinance No. 889
2, Amendments to Town Smoking Policy — Ordinance No. 890
H. TOWN MANAGER
1. Contract Renewal for Electric Service with Appalachian Power Company —
Resolution No, 1830
2. A.R,R.A. Assistance to Firefighters Fire Station Construction Grant Proposal —
Resolution No. 1831
I. MAYOR
J. COUNCIL
K. ADJOURNMENT
WORK SESSION
1 . Use of Alcohol on Town Property Policy
2. Valley Metro Service to North Hampton and South Hampton
Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, Roll call, invocation and
Anthony Conner gave the invocation and Mr. Altice led the Pledge of Allegiance to Pledge of Allegiance to U.S,
the U.S. Flag. Flag.
The Consent Agenda was approved on a motion by Councilman Nance and was Approved Consent Agenda
seconded by Councilwoman Fidler and approved with all in favor.
Heather Sparks of 228 W. Cleveland Ave urged Council to support the forming of a Citizen Heather Sparks
non-profit organization for the youth of Vinton. She expressed concern about the urged Council to support
closure of the skate park and possible closure of the swimming pool. Ms. Sparks the forming of a non-profit
feels that it is important for the youth of Vinton to have extracurricular activities organization for the youth of
available during the summer and after school. Vinton
Ms, Sparks noted that she has sent out letters to local businesses and churches as
well as speaking with Town citizens to receive feedback. She also noted that she is
working with Cal Johnson who is the executive director at the Roanoke City YMCA,
Ms. Sparks explained that Mr. Johnson has been very helpful in giving advice and
guidance on the formation of a non-profit youth facility. She also explained that she
is researching the possibility of Federal grant money that might be available.
Ms. Sparks tentatively suggested that the Roland E. Cook and old William Byrd High
school building sites might be suitable facilities to consider. Mr. Lawrence
commented that to his understanding the Roanoke County School Board has plans
to utilize both buildings for several more years. Pat Patterson of 4224 Twin Mt. Circle
stated that he would be happy to work with Ms. Sparks on this project and suggested
the Craig Recreational Center as a possible facility site.
Town Attorney, Elizabeth Dillon reported on proposed Ordinance No, 889 amending
Vinton Town Code according to changes in State Laws that occurred during the 2009
General Assembly session, She explained that Ordinance No, 889 will amend
disposition of Juvenile and Domestic Relations cases and driving while under the
influence of alcohol or drugs. Ms. Dillon asked that Council approve Ordinance No.
889 to update Vinton Town Code effective July 1, 2009.
Mr, Obenchain moved to adopt proposed Ordinance No. 889. The motion was
seconded by Mr. Altice and passed unanimously on a roll call vote,
Town Attorney, Elizabeth Dillon asked that Council approve Ordinance No, 890
amending the Town smoking policy. She explained that Town Code currently
requires private employers to obtain written agreement based on vote of employees.
She noted that repeal of this antiquated section of Town Code would allow employers
more freedom, Mr. Lawrence explained that a local company currently looking to ban
smoking was awaiting this change to Town Code prior to implementation of a new
R. !`MF6 TV. I q M•#* Wo
amending Vinton Town
Cod Section 90-2 and 90-
Adopted Ordinance No. 890
amending Town Smoking
policy
Ms. Fidler moved to adopt proposed Ordinance No, 890. The motion was seconded
by Mr, Altice and passed unanimously on a roll call vote.
Mr. Lawrence asked that Council adopt Resolution No. 1830 to renew the Town
contract with Appalachian Power Company, He explained that this contract was
negotiated by the VMUVACo Steering Committee and lays out the rate schedules for
a three year period that started on July 1, 2009. Mayor Grose clarified this is a
contract between the Town and Appalachian Power and is separate from any
proposed rate increases for citizens. Mr. Nance inquired if this contract would impact
or restrict future plans the Town might have to invest in more anesthetically and
visually appealing lamppost designs for the downtown area. Mr. Lawrence noted that
this contract would not restrict installation of new lamppost in the downtown area.
Fidler moved to adopt proposed Resolution No. 1830, The motion was
ieconded by Mr. Nance and passed unanimously on a roll call vote.
Assistant Town Manager, Consuella Caudill asked that Council adopt Resolution No.
1831 to approve submission of an application to the American Reinvestment and
Recovery Act Assistance for the Firefighters Fire Station Construction Grant, She
advised that the Public Safety Commission had recommended the Town apply for
this grant and include a resolution of support from Council with the application. She
explained that this grant issues two hundred and ten million dollars across the United
States for fire station construction grants with no required match. Ms. Caudill
explained that the grant application would include building assessment information
indentifying deficiencies in the fire station building. She also noted that upon
approval of Council, a signed copy of Resolution No. 1831 would be included in the
grant application packet.
Mayor Grose thanked staff for all their hard work especially given the short period of
time given to prepare paperwork for this grant. He noted that even though this
application is a very long shot he feels it is very important that the Town try to obtain
this grant, Mr. Obenchain thanked Consue))a for all her work and noted with the
repairs that need to be completed on the fire station building, it is very important that
the Town apply for this grant, Mayor Grose also mentioned contacting our
congressmen and senators to enlist their help in obtaining the grant.
Mr. Alfice moved to adopt proposed Resolution No. 1831, The motion was seconded
by Mr. Obenchain and passed unanimously on a roll call vote.
Mayor Grose expressed his appreciation to staff for their efforts and hard work on the
4tb of July celebration, Mayor Grose also noted that he appreciated Ms. Sparks's
concerns and efforts on behalf of the youth of the Vinton community, Ms. Fidler
expressed her appreciation to everyone that turned out for the 41hof July celebration
and thanked Mary Beth Layman for all her hard work in organizing this event. Mr.
Nance commented that his family greatly enjoyed the celebration and he felt this was
Adopted Resolution No.
1830 to renew contract with
Appalachian Power Co.
Adopted Resolution No,
1831 approving application
for the Firefighters Fire
Station Construction Grant
Comments from the Mayor
and members of Council
an example of small town America at its best.
There was no further business and Mayor Grose adjourned the regular meeting at Adjournment
735 p,m.
WORK SESSION
Use of Alcohol on Town Propertv Policy
Mr. Lawrence noted that the Town of Vinton does not currently have an alcohol policy for outdoor
venues held on Town property. Mr. Lawrence explained that staff had met over the past several
weeks to look at this issue and after much discussion, had recommended formulation of a policy
that included evaluation of these components-,
1. If alcohol should be allowed or not (once decision is made to include alcohol the following issues
come into play)
2. Define area (physical location of beergarden1will the event be open to everyone or certain age group)
3. Event type (part of a festival or a separate event perhaps similar to First Friday)
A. Event location
5. Event organization (who runs the actual event such as a non-profit organization)
6, Charges for the use of property (larger events / frequent events w411 incur more cost to the Town, for
items such as employee overtime, rental of barricades, etc, — look at cost the Town will need to share)
7, Liability Insurance
8, Risk Management
9. Security
Mr, Lawrence stated that staff would prepare a proposal based on the information and direction
obtained in this work session and present it back to Council by the September ls' meeting. Mr.
Obenchain commented that he would like to hear comments from the citizens in the audience,
Local business owner, Mr. Anthony Conner encouraged Council to give thought to this proposal as
he felt this was a great opportunity for the community to attract more people to the downtown area.
He noted that with more storefronts becoming vacant, more activities are needed to bring people to
downtown to spend money and spur economic development. He commented that he has attended
various outdoor events that serve alcohol around the Roanoke Valley and has observed a calm,
controlled environment.
Mr. Barney Arthur of 204 Minnie Bell Lane, a retired alcohol agent with the ABC Board, urged
Council to consider the image the Town of Vinton wishes to project to the community. He strongly
urged Council to take a stand on this issue to uphold moral and family values. He stated that as a
Town citizen and former law enforcement officer, he was concerned about the negative effects of
alcohol and encouraged Council members to consider the example of Enchanted Eve, a non -
alcohol event, which continued to be a thriving success for the community, Mr. Nance asked Mr.
Arthur to clarify if his objections were for the use of alcohol at inside or outside events, Mr. Arthur
stated that he objected to the use of alcohol in open places on public Town property,
4
Penny Grose, Bill Tyree and Todd Bailey of the Vinton Dogwood Festival Committee spoke to
Council about the recent Dogwood Festival beer garden that was held at the Farmers Market. Ms.
Grose stated that there were no incidents during the event and the main focus of those attending
seemed to be on the band rather than alcohol. She noted that the attendance at this event was
fairly large as about 500 people attended,
Mr. Bailey also noted that the event was orderly and incident free and many families with children
attended. Mayor Grose inquired whether Mr, Bailey felt the event would have been as successful
as an adult only event with no children allowed. Mr. Bailey stated that he really could not say as
this was a public event where it was the parent's decision whether of not allow their children to
attend. Ms. Grose explained that stringent ABC guidelines were followed and commented that she
did not see the difference between an event such as this and parents drinking at tables in local
restaurants with their children in attendance, Ms. Grose also noted that making money had not
been the main focus of this event the main focus had been having fun and the community coming
together.
Mr. Nance expressed concern that placing a limit for age 21 and over was not family friendly and
may encourage a nightclub atmosphere. He also commented that he felt that with responsible
guidelines and supervision, these events could remain family friendly and not have a negative
effect on the community's image. Mr. Nance also expressed concern about inclusion of detailed
and restrictive language being included in the policy as that limited the flexibility, ideas and better
ways of doing things that others may have,
Mr. Obenchain commented that he had attended many events around the Roanoke Valley and had
not encountered problems, He also commented that Ms. Grose had made a good point in noting
that these events were more regulated than if an individual visited a local restaurant and had a
beer, Mr. Obenchain noted that he would rather take the time to get this policy right the first time,
Mr. Altice stated that he felt the Town needed an alcohol policy but would like to withhold comment
until he had received and reviewed a draft of the policy.
Mr. Fidler commented to her understanding the beer garden at this year Dogwood Festival was
intended for adults only and not children. She expressed disappointment that children had been
allowed in the beer garden area, She explained that she had a problem with setting aside a beer
garden area that was for adults only and then allowing children in and out of that area also. She
further explained that she was not against having alcohol at an event. However, she felt that it was
important that the Town have a policy that addressed all issues.
Mayor Grose thanked Mr. Arthur for sharing his comments and concerns. He stated that he was
aware that alcohol was dangerous and that abuse of alcohol in society was a problem. The Mayor
went on to say that he had attended the Dogwood Festival beer garden event and had not
observed any problems. He stated that he saw nothing out of line, only responsible adults
consuming alcohol beverages within a controlled environment. Mayor Grose expressed concern
that placing a limit for age 21 and over may lead to a focus on drinking at such events. He pointed
out that after listening to the evening's discussion, one of the critical issues appeared to be concern
with where the beer was being sold. Mayor Grose suggested that the drafted policy define and
regulate the area where alcohol is sold,
5
Vallev Metro Service to North Hampton and South Hampton
Ms. Caudill spoke with Council about proposed fixed bus routes that included the North Hampton
and South Hampton area. She noted that the town homes and apartments in this area have
always indicated a desire to have mass 'transit. She pointed out that with the addition of the new
Porter Haven units, there will be older individuals that might benefit from public transit.
Ms. Caudill handed out two bus route proposals that Valley Metro had prepared for the Town. She
explained that these handouts show the proposed bus route additions and route deletions to the
current Valley Metro routes within the Vinton area. Ms. Caudill noted that Valley Metro routes have
a thirty minute turnaround time in which they have to depart from the Campbell Avenue bus depot
location and return. She explained this creates a challenge as Valley Metro must define the route
and stops that can be made within the complete thirty minute loop.
Ms. Caudill stated that the monthly cost to deliver the service for both proposed routes comes to
approximale)y $13,700 which is about a $3,900 increase. She noted that based on ridership
numbers, Valley Metro estimates the Town would need an additional 4,700 passengers to make
the cost neutral so the Town would not need to pay anything extra, Ms. Caudill reported that
Valley Metro is amendable to a pilot program on this route and is also open to the idea of waiting
until the Porter Haven units open to see how ridership develops.
Ms. Caudill clarified that this cost for the fixed bus route does not include Star bus service, She
explained that there is a federal mandate that requires the Town to offer the Star bus route within
three quarters of a mile of any fixed bus routes, Mr. Lawrence commented that the proposed route
to North and South Hampton does open up a larger three quarter of mile section that would be able
to utilize the Star service. Mr. Obenchain noted that the South Hampton and Porter Haven
communities would likely have more citizens in need of the Star bus system versus the fixed bus
route. Ms. Caudill explained that the increase in the Town budget for Valley Metro was due to
heavy utilization of the Star service by Town citizens.
Mr. Obenchain inquired how often the Star contract was re -negotiated. Ms. Caudill explained that
Valley Metro was looking at re -negotiating contract with Star this year but to her understanding that
this contract had not been looked at for quite some time. Ms. Caudill pointed out that Roanoke
County has a contract with Cortran, a service similar to Star that is also available for use by the
residents of the Town. Mr. Lawrence suggested educating citizens and advertising the options
between the Star and Cortran service,
Mr. Nance expressed concern that at a time when the Town was cutting cost this was adding
service.
Ms. Caudill stated that if Council is interested in this proposal, staff can continue to research and
evaluate providing this bus service to the citizens. Mr. Nance noted that at a time when the Town
is working to cut the budget this is adding a service and costs for that service. Ms. Fidler
commented that she was disappointed at the cost to add an area that has not been served by a
bus route that probably ought to be. Ms. Fidler inquired if the big buses could travel up the 3rd
I
Street hili and Ms. Caudill responded that they could, however, there is some hesitation about the
wintertime,
Mr. Lawrence announced that the Dept of Housing and Community Development had approved the
request for the Town's $35,000 downtown revitalization grant.
The work session adjourned at 9:44 p.m.
ATTEST:
W
RF,SOLUTION NO. 1832
ATA RECULARMEETING OF VINTON'roWN COUNCIL I-IE.LD ONTUESDAY,July
21, 2009, AT 7:00 PJN1. INTHE COUNCIL CHANIBERS OF THE VINTON MUNICIPAL
BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
WIJEREAS, Man, Beth I-avirian*s three-year term oil the Roanokc Valley Television (RVTV)
c"0111111itice will expire on ALWILISt 31.2009'and,
NVIIEREAS, accordi lit, to the R VTV 13 Nl-laws. members arc appointed for three-year terms by the
Town COLUICil and may be appointed to SLICCCCCI thC111SCIVCS in 0111cc; and.
\N1 1, 11, RFIAS, Mrs, 1,ayinan has been contactcd and is willing to continue servino on this
4:Z:�
Commission, subject to reappointment by Town Council.
NOW, T11EIRETORE, BE IT RESOLVED. that the Vinton Town Council does hereby reappoint
N,Irs, 1-ayman to a new three-year term on the Roanoke Valley 'relevision Committee that will run
1,1,()nl September 1. 2009 1111-01.111h August 31. 2012.
This Resolution adopted on motion made by Councilmerriber. and seconded by COUncilmember.
Stith the t`611owin,(-, votes recorded:
AYES:
MAYS:
ADOPTI"'D:
Bradley 1`1*, Grose, Mayor
ATT]"ST:
Darleen R. Bailcyj'own Clerk
ACTION NO. peso. 1833
ITEM NO. 1). - 3
TO: Christopher Lawrence, Town Manager
FROM: Herb G. Cooley, Chief of Police
DATE,: ) uly 21, 2009
Bureau of Justice Recovery Grant
ISSUE/PURPOSE: Patrol Lights for un-marked Patrol Vehicles
ACTION
R E Q tjjl� STE D:
.JUSTIFICATION/
SUNUNIARV:
BUDGETARY
UNI PAC , F:
The Police Department requests the approval for the Bureau of
.Justice Recovery Act Grant in the amount of $11,127.00
This Grant will provide the Police Departments unmarked patrol
vehicles with patrol lights to aid in crime prevention and to enhance
stealth operations.
None
STA F F C 0 iM IV] E NTS/
I Z F CO INII NI E' N 1) ATI 0 N:
DATE ACTION NEEIDED: June 21, 2009
RESOLUTION NO. 1833
AT A REGULAR MEETING OF TUIE
TUESDAY, JULY 21, 2009, AT 7:00 11"At,
VINTON 'NIUNICIPAI. BUILDING, :ill
VIRGINIA
VINTON TONVN COUNCIL I-IFLD ON
IN TUIE COUNCIL CHAMBERS OF THE
SOUTH POLLARD STREET, VINTON,
WHEREAS, the Town ot'Vinton has encoLim-ed the Vinton police Department to seek grant
Cunds for importarit purchases, and
\VI -II, the Vinton Police Department has received notification that it has received
approval from the Office of'JustiCC. BUrcau ol*,lustice Assistance for the purchase.
installation and upgrade oferneriency lights in the police vehicles. and
NVIIEIZI'!\S, the grant is for the purchase of emergeric\r lights on patrol vehicles., to enhance
crime prevci-ition. and
WHEREAS, the towl grant award is $11,1 21TOO, there are no matching fields. and
NOWTHEREFORE, 13E IT RESOLVE'D, that theTown C01.11161 Ofthe 'lotion Of Vinton does
hereby gram to the General 1"urid an additional appropriation in addition to the annual budgetary
101- the fiscal year ending June 30. 2010. I'M- the function and in the amounts as J'0110WS:
1' 0:
Genes -al Fund E'xpense Account
200-3105.354
F I z 0 'N' I:
Recovery Act Grant
General Fund Revenue Account
200.2404.041
Recoven, Act Grant
TOTAL
. I'his Resolution adopted on motion made by
b%. With the following votes recorded:
S 11,127.00
S 11,127.00
S11,127.00
. Seconded
AYF-S:
NAY S:
APPROVED -
Bradley F.. Grose, Mayor
Al"IT'ST:
Darleen R. Bailey,Twvii Clerk
RE -SOLUTION NO. 1834
AT A 111",GULAR A11EA"-TING OF VINTON TOWN COUNCIL HELD ON
TUE'SDAY, JULY 21, 2009. IN THE COUNCIL CHAMBERS OF TliE VINTON
NIUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
NVI-JEREAS,Town of* Vinton. Virginia (the "Company") maintains the Town of
Vinton. Virginia I"till Flexible Benefit Plan (the "Plan") for the benefit ot'certain of* its
employces:and
WHEREAS. Pursuant to Section 12.3 ol'the Plan, the Company desires to amend
the ]'[an;
NOW, THEREFORE, the Plan is hereby amended by adding Section 7.7(d) to
the Plan DOCL1111CIlt in its entirety therefore, efTective as of July 1, 2009.
(d) Debit. Credit or Other Stored Value Cards. The Company may
enter into in aureemeni with a financial institution to provide a Participant
with a debit, credit or other stored vah-1C card to provide immediate
payment of reimbursements available under Article \711 and/or Article
\1111 provided that the Use ot'such card complies with IRS Notice 2006-69
and IRS RCVe11L1C RL11111(l - 2) )00'-43 (to the extent not Superseded by IRS
Notice 2006-69). A Participant may obtain benefits Under Article VII and
V I I I Without the use o i'llie card.
AYI-','S:
NAYS:
ADOPTED:
Brad Grose, Mayor
ATTE-ST:
Darlecii Bailey. Town Clerk
RESOLUTION NO. 183,555
AT A REGULAR NIE'ETING, O' VINTON TOWN COUNCIL HELD ON TUESDAY,
JULY 21, 2009 AT 7:00 Y.M. IN THE COUNCIL CHAMBERS OF THE VINTON
NI UNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
W11EAEAS, 3ames "Barry"' Griffin has faithiLilly, honorably, and effectively served the
citizens of the Town of Vinton and the Vinton Police Department as a
C0111111LIllications officer, and
NN,41EAZEAS, James "Barry" Griffin has served with dedication and distinction for the past
thirty (.301) years, in PL11111C Sel-VICC to the Commonwealth ol'Vir,,inia., the City of
Salem and theown of Vinton. and
WHEREAS, James "Barry" Gni'lin was named "Otitstanding Dispatcher of the Year" for tile
\,car 2003, and "Outstandino Dispatcher of the Quarter" on four (4) other separate
occasions; each serving to honor his commitment and dedication to comintinity
service, and
\,NJIEIREIAS. James -Barry" Griffin has demonstrated a commitment to the Vinton Police
Depariment's mission ofexcellent ctistonicr service, and
NOW, THERFORE, BE IT RESOLVED, that the Town C01,11161 of the Town of Vinton
CNtCilds its -rdtitudc and commendation to James "Barry" Griffin for his distingilished
and oLastandins) service to the Community. and extends, best wishes to him and his family for
IM111\1 happy and sticcessful \,cars in the future.
1'his ReSOIL10011 adopted oil motion made by Councilmember and seconded
17~< COLHICIlmember with the 1611o,,vilig votes recorded:
AYES-
N A YS:
APPROVED:
Bradley E.Grose, Manor
A'I'TEST:
1),ndeen R. Bailcy.Town Clerk
Vinton Police Department
311 SOUTH POLLARD STREET
VINTON, VIRGINIA 24179
HERBERT G. COOLEY
CHIEF OF POLICE
PHONE (540) 983-0617
FAX (540) 983-0624
A State Accredited Agency
July 7, 2009
To-, Craig R. Frye, Master Police Officer
From: Herbert G. Cooley, Chief of Police
Re: Officer of the Month
Congratulations! You have been nominated and selected as Officer of the Month for the
month of June 2009,
Your nomination rose out of your outstanding work with the ATF VIPER task force. Your
work during June uncovered a large drug and gun ring operating in Roanoke City,
Vinton and Bedford County. This case will have far reaching affects at it's conclusion.
You also have worked several Arsons in the area, including Vinton, and are awaiting
Grand Jury indictments to wrap these up. While I am not able to be too specific
regarding your work in this memo-, please know that I am aware of the good work that
you are doing.
Your hard work and dedication are helping to make Vinton and the surrounding area a
safer place to live.
NOT6741TIT MO.
CC: Chris Lawrence, Town Manager
Beth Austin, Human Resources Director
Mayor and Members of Council
Darleen Bailey, Town Clerk
Tinton Police Department
311 SOUTH POLLARD STREET
VINTON, VIRGINIA 24179
HERBERT G. COOLEY
CHIEF OF POLICE
A State Accredited Agency
July 7, 2009
To: Barry Griffin, Dispatcher
From: Herbert G. Cooley, Chief of Police
Re: Outstanding Dispatcher of the Quarter
Congratulations! It seems appropriate that you have been nominated and selected as
outstanding "Dispatcher of the Quarter" for the last full quarter of your dispatch career.
You have been given this honor on the quarter ending June 30, 2009.
As you prepare to retire on August 1 of this year; I know that you look back on a long
and distinguished career. Your expertise and experience have added an essence of
professionalism to the Vinton Police Communications Center. You have worked hard
and have given us your best and for this we are grateful.
Good luck and best wishes in your retirement.
&Ot,
Herbert G. Cooley
Chief of Police
CC: Mayor and Council
Chris Lawrence, Town Manager
Beth Austin, HR Director
Display Board
Vinton ,%,Iot()j-s Feasibility Study — Resolution No. 1836
IS S U F/P U RPOS l": Reappropriation of funds
- ACTION: Council is asked to approve the proposed resolution. w])ich
R F`Q U I'STE" D: appropriates funding Ibr the Vinton Motors Mixed Use and Mixed
Income feasibility study
J USTI I ICATION- Vinton Motors is a critical property in the downtown area and has
been vacant for over a year. This property has been identified in
the Comprehensive Plan, draft Corridor Study, and through
nUrnerous public conversations as an important gatcway into town
and the downtown area. As the town continues to inove forward
on downtown revitalization efforts. we were SUCCCSSful in
obtaining a grant to SLII)POrt the Completion of feasibility study (it'
this property.
'The feasibility study drill include the following; (,I) evaluate the
StrLICRIN and associated building systems.; (2.) site evaluation: ( 3)
development scenarios: (4) probably costs of development Options:
(5) and recommendation on FUndim-, sources.
The cost ol'the tcasibility study is $18,300 through Wiley and
Wilson and 1-1111 Studios, The grant will cover $10,000 of these
expenses. The remaining $8,300 is requested for funding OLlt 01
remaining __ - -) t I
the town's un-appropriated fund balance.
In light ofour current economic condition,,, I the town's budget -was
reduced which impacted the contractual services bud -et we
typically have each year to fund studies as needed. The critical
Importance of this property and the flight of businesses OLIt Of
downtown require both public and private investment to revitalize
our downtown business district. This t'casibility study is critical to
Working With pl'OPCIJy Owners to move downtown forward.
RESOLUTION NO. 1836
AT RFGULAR ME.ETINGOFTIJE, VINTONTOWN COUNCIL HELD ON TUESDAY,
Jule 21, 2009, AT 7:00 I'M IN THE COUNCIL CHAMBERS OF THE VINTON
BUILDING, 311 SOUTH POLLARD STREET, VIN-rON, N711ZGINIA
\N"HERE,AS, the Town of Vinton identified vacant lord Motor car lot in the Town of Vinton to
i i fthe propertN.
conduct a J`caslbilitY study far revitalization o l
WHERE,AS, the Town of Vinton is exploring the opportunities to re -develop the property as a
vQs'dQntial community incorporall112 I n13XCd-il`1C0ll1C 110LJSirl� and mixed -use
elemclit's,
WHEREAS, the Town of Vinton submitted and received a Virginia HOLISing Development
Authority IMUMI planning Grant in the amount oi*$10,000 solely for the purpose ol'
supporting the costs associated with the planning and design work for the Vinton
Motors property,
WHEIREIAS, the 'I'o\,\,n of Vinton has received a proposal from Wiley/Wilson to conduct a
t'easibility study on the Vinton Motors property in the all101111t Of$18,300 to examine
the current market conditions and tiCr Supporters of the Downtown Redevelopment
Area to determine �whlch potential uses would be appropriate for the property,
CVALiate the existing building and property to determine if the existing building call
he reused or rctro#fitted; and prepare and develop scenarios to evaluate with an
internal rate of return evaluation to determine the more attractive scenario.
WI-IFREAS, in order to award the contract to WileyA\111son to begin the feasibility study an
additional appropriation of' $8,300 from the general fund un-appropriated fund
balance will need to be made to E_'conomic Development Conti -act Services
200.8150.302,
NOW, THERETORE', 13E IT RESOLVED that the Vinton `1'0�Vn Council does hereby approve
the 1`011owillo ap
propriation.
FRONI:
200.1899.009 Re -Appropriated Fund Balance S 8,300.00
1,0:
200.8150-302 Economic Development Contract Services $8,300.00
Motion made by COLHIC11person seconded by COUnCilperson
With the t*ollowinu votes recorded:
A YFS:
N A YS,
APPROVI-D:
Bradley E. Grose, Mayor
ATTF'ST:
Darlciw R. BaikN%To"vn Clerk
DATE: July 17, 2009
SURIECT: Report from Spectrum Design on Building Assessments for Municipal
Building and I"irchouse
ACTION
REQUESTED: Town Council to accept report and to appropriate Funds to make repairs to
the FirchOUSC SYnall training offic
e, where there I is water dainage. Adopt
the attached Resolution, to authorize the Town Manager to appropriate the
funds and authorize the Town Nlanager to CXCCUte the contract fir the
work.
SUNUMARY: The Town commissioned Spectrum Design, one of our general services
crigincering, firms, to conduct a building conditions, crivironmental and
indoor air quality assessment at the municipal offices and firchOUSe.
Spectrum completed the work in Pvlay/.June 2009. StalTreceived the report
I f' the existing
late Iunc/carIY July. The 1'ep0l-t indicates observations o
conditions, I'dcntilies deficiencies and provides recommendations ,vith
estimated costs to address these deficiencies. The study did not include
1111% programming effort Cor possible renovations/additions to address
( I
Space prograrnininoZ7 needs. They Nvill make a presentation of' the
signilicant findings at the July 21. 2009 meeting.
Z�_ I
One of` the conditions found at the FirehoLisc was the evidence of mold, a
high mold count, and water damage to the small training room in the
apartment. The airborne mold issue was immediately rernediated! but now
some construction work is needed to repair the water damage that caused
the mold. Sual'l' is prepared to solicit bids for the Nvork, but would need
funds to carryout the work, It is Unclear exactly how much the work
would cost, but start' has estimates from the consultants and another
inspection engineer that the work should be between $3,000 and $7.500,
The Town Manger's office will solicited bids from vendors on the
construction work. The 1'own Manager would like to aNvard the contract to
,is soon as those bids are received,
BUDGETARY
I NM 1) ACT - The cost of the work is anticipated not to exceed $7,500.
DATE ACTION
NEEDED: July 21, 2009
RESOLUTION NO. 1837
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, JULY 21, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VIN I'ON NIUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET,
VINTON, VIRGINIA
A RESOLUTION authorizing the Town Manager for and on behalf ofthe Town of Vinton, to
solicit bids for mold abatement services and interior repair work and appropriating funds for the
work.
NNIIJEREAS, the Town of Vinton commissioned Specirurn Design to perform a bUilding
Z--
conditions and environmenial assessment and :in indoor air qUalitV StUdV for the
Vinton 1711-010LIse, and
NN41EIREIAS, conditions %vere found at a locating in the firchouse needing remediation and
Additional construction work to fix interior damage caused by water; and
Z!
NN"HEIRE AS, the consultants have recommended the 'fown to make the necessary removal of
material and repairs to the interior space, and
WHEREAS, it is the intention of the Town to solicit bids and to make one firm fixed price
contract -,with one qualified source Jbr the removal of materials and repair ,vork.
NOW, THEREFORE, BE IT RESOLVED that the Vinton 'rown Council does hereby
authorize the Town Manager to solicit bids 1'(-)r the work.
'['his Resolution is adopted on a motion made by Council Member
and seconded by Councit Member With the
161lowing votes recorded:
AY I -` S:
NAYS:
APPROVI-1):
Bradley E. Grose, Mayor
Town of Vinton
Darleen R. Ballcy.'Fown Clerk
f I;N10RANI)UN1
YO: MClnberS of the Vinton TTotyll Council
CC:: Members of the Vinton Plannim-, Commissioli
C'hrls 1.,a%vrcncc, 1 mvn tMana-er
FRO.IVI: Anita Jf iMctivlillan, Planning and Amino Director
DATI,:: July 10. 2009
StjI3Jl1`iCf': Town Cotssi-scif Work Session —.1uly 21, 2009
Petition of Danny and Tammy Dillon, for a Special Use Permit (SUP)
345 South Preston Road, Vinton
ISSUE/PURPOSE: The Planninu Commission held a public hearing on Thursday. July
9. 2009. to discuss and rcce.ire comments concerning petition of Danny and `Tammy
Dillon. fir a Special Use Permit (SUP) to convert a sim le -family dwelling, located at 45
South Preston Road, Vinton. Vir�11inia. tag; mal) number 061.17-01-4 a.00, into a two-family
dwellin{u).
The Town Council Will hold its public hearinv- concerning, the SUP request on August 18.
2009.
BACKC ROUND: Please sce attached: (1 ) Staff report concerning the SUP Iretlucst and
supportim, materials as provided by the Petitioners.
AC H0N' REQUESTED: Town Council to hold and receive public cominents
concernin4O the SUP rc(lLIest duI•ing its public hearing to be held on Au4gust 18, 2009,
PC: RECOMMENDATIONS: The SUP request was discussed and approved with
proposed condition hein,) reconnucnded as; fllllox\,s: (1 ) No parking of vehicles In the front
vards frontin€? Flardy Road and South Preston Road except on the existing driveway. L Ir.
Dave Jones info1111cd the Dillons as Stated in the sialf report that the buildin0 comtrlissioncr
has stated the buildin_." code requires that a one hour fire separation wall between each unit
be installed.
CITI I:NS CONNIME'NTS: None.
STAFF COMtNIENTS: Staffivollld like to state that. with a special use permit request, the
ToWn COLIIleil is t.;iycn the opportunity to review the proposed request and impose such
conditions as reasonIa bly necessary to ensure the use will be compatible with the surroundiM
area and consistent With the purposes of the Zoning Ordinance.
Staff would recommend that the front vard not be used for the required off-street parkins:
spaces in order to maintain a Doreen area alontt) Hardy Road and South Preston Road. The
I•cgllired four (4) off-street parkin, spaces can be provided by using the existing driveway off
South Preston Road and the existin- brick structure,
According to the Roanoke County Building Commissioner, the building code rcgLlil-es tlltlt
a Orle hour tire separatioIl wall be iIlstalled between cacti unit. Fire rated construction is
I'e(lllli-Qd to be designed by a licensed architect. Therefore, to convert the existing structure
Iiito a two-tamlly dwelling, It will require the services of -an architect and submittal of
stamped drawings to the Building Commissioner before a permit Call be issued and before
the structure can be converted into a two-family dwelling. A certificate o1 oC'cllpan0' Will
also be required.
DATE ACTION 1' EEl)I?ll: AUOLIst 18. 1009
Altacliments: Staff Report by Karla Turman and Supporting Materials
10
STAFFREPORT
PETITIONER: Danny and Tammy Dillon PREPARED BY: Karla D. Turman
CASE NUMBER: 1-07-09 DATE: June 18, 2009
A. NATURE OF REQUEST
Danny and 'I'airuny Dillon, the Petitioners,,vvho are also the propertyowners, are requesting a special
use perm It (SUP) to convcrt an existing single-family dwellI11g, located at 345 S. Preston Road, tax
in-,tp number 61.17-1-43, into a two-family dwelling, zoned R-B Residential Business District.
B. APPLICABLE REGULATIONS
Ailicle IV, District Regulations, of Appendix B. Zoning, of the Town Code
Division5, R-13 Residential Business District
§ 4-23(b), Special Uses,
§ 4-25(b), 1--cat area and lot width requirements.
'I-11C intent ofthe RB district is to accommodate limited range of offices and similar uses that are
compatible with moderate density residential. This provides for mixed use and other alternatives for
vonvorsion cif' dwellings or for new consti-Liction in areas that are undergoing change and are no
I'll C, -1
longer viable as eXCIUSIVC1y residential in character. Example of uses that are permitted by light in
the RB District are single-iamily and two-family dwellings; offi
ces; medical and dental clinics and
laboratories. banks and other financial services: photography and other artists' Sttldk)s, including
incidental retail sales: barber and beauty shops, including incidental retail sales of related products,
music and dance instruction, business schools; and clay care centers. Sonic uses that are permitted by
special use permit are townhouses-7 assisted care facilities; funeral homes; fire stations and rescue
squad f,,icihtic:. major public utilities.
C. ANALYSIS OF EXIS'HNG, CONDITIONS
Background — In February, 2009, the posti-naster made the planning office awarc of a change of
address request for 345 S. Preston Road, 1-he request was to split the address between tA,*o
apartments. Initial rosearch showed that the house Was a single-family residence (SFR), 'I'liere is
one water meter, but there are two electric meters. Real estate records show the property as an Sl--'R
as well.
mthough a two-family residence (TFR) would be allowed in this zoning district, the lot does not
meet the lot width and area rcquireinents, § 4-25(b), Lott rea mum lot ividth requirentents, states
that t\vo-tinnily dwellings shall not be located on lots of not less than 12,000 square feet and 75
Z:)
t'ec( in width. 'I'he parcel has approximately 6,500 square feet in area and approximately 550 Cect
in width. § 4-23(b), SI)ecial Uses, allows property owners to petition the Planning Commission
and TOW11 Council for a Special Use Permit, in order to allow for a two-family dwelling on a lot
th�at (toes not meet the lot area and lot width requirements of § 4-25(b).
I notified the property owners, Danny and Tammy Dillon, in February, 2009, that they could
apply for an SUP. Since that time, a lot of research has been done regarding the history of this
Research includes the following inibrillation:
* The former owners, Joseph and Elaine Andrea, purchased lots 14, 15, and 16 in .July,
t 9tiI. 1 have a letter froth her (attached) stating that the house was already -,i'VFR when
they purchased the property. Lots 14 and 15 were considered one parcel.
* -nic house sits on lot 15. Lot 14 was sold to VDOT in 2000 due to the Hardy Road
pro.ject. Lot 16 was sold in either 1982 or 1987 and now has a SFR on it, Per Elizabeth
Dillon, town attorney, il'the structure was beino, used as a TFR at the time of the sale of
tot 14 to VDOT, the Town could have technically blocked the sale of that lot, as it made
the use of the property its a TFR unlawful.
* Lot 15 alone does not meet the current requirements t0r a TFR. It also did not meet the
requirement,; for a TI"R in 1981 or 1983. Lots 14 and 15 together -vvould have made the
TFR a conforming use in 1981 and 1983.
c, Carlton Wright, a co-owner of the company that owned the lots, and sold them to, the
Andreas, has stated that the house was not a TFR when it was sold to them. Per Mr.
Wright. his partner, Ron Owens, also does not recall that the house was a TFR when it
was sold. k1r. Wright and Mr. Owens have been unable to locate records from their
L-
former business, so they cannot confirm for sure whether or not it was it SFR or a TFR.
c) In 12/80 , Mr. Wright applied for a variance to allow him to build aTFR on Lot 14. It was
denied. BZA records imply that the house that existed on Lot 1.5 was a SFR at the time.
c I have documentation from AEP stating that in 1979, a meter was put on what is nmv
called the Upper apartment; a meter was added in 1983 for the lower apartment, We can
assume that sometime between 1979 and I t)83, the house was converted to a T*FR-
o According to Nis, Andrea, both units were rCT1tCd Up until 2008. According to the water
dcl)t,, the rniminum atnount of water was used between January 2007 and carly'2008
when the house was foreclosed upon. That appears to indicate that both units were not
0CCUj) ed.
Mr. and ivIrs. Dillon feel that the property should be considered grandfathered, as they state that it
has always been used as a TFIZ, and was not vacant for 2 years. Per. Etizabeth Dillon, based On
the information that the have gathered above, the use of the property as a TFR became unlawful
after the sale of lot 14. Tfierefore, the use cannot be grandfathered.
I-ocation — '345 S. Preston Road, pail lot 15 I-lo",clIview Court subdivision.
The existing structure is located on a level lot Nvith a slight slope on the
southern portion of the property. There is grass), yard, and a driveway to the north.
Ad lacent Zonln<,and Land Uses —The property to the west is zoned R-B and is land that is owned by
VDOT. TI ie propeilies to the I inn-icdA ate north and northwest are zoned R-2 and are developed with
Single-11111111y homes. The property to the east, separated by S. Preston Road, is zoned R-13 and is
dcvoloped with a church. 'rhe properties to the south, separated by Hardy Road, are zoned R-B.
Two properties are developed with single-family homes, and one property is developed with three
sits of TFRS.
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site l,avout/Architecture - The structure appears to have two (2) different access points, front
entrance on S. Preston Road, and a side entrance from Hardy Road. There is a front porch on the
structure. To the rear of the struct-ure, there is a brick structure that might be able to hold two (2)
vehicles on a gravel area. Four (4) off-street parking spaces must be provided for a two-family
dwelling. There is also a concrete slab located to the southern portion of the property adjacent to the
paved alley. The Petitioner has not indicated the location of the required off-street parking spaces.
Feuer (4) parking spaces will not cause the area to be paved.
Site Access -- S. Preston Road, a forty (40) tet wide right-of-way.
Utilities — Public water and sewer services are available and the existing structure is served bypublic
water and sewer services.
E. COMPREHENSIVE PLANIFUTURE LAND USE
The 2004 —2024 Town Comprehensive Plan designates this property and the surrounding properti(.s
as medium density residential land use area,
1'-. STAFF CONCLUSION
The proposed use as indicated in the special use permit application may be considered consistent
with the general characteristics of the neighborhood.
StafTwould like to state that, with a special use permit request, the Planning Coininissionand Town
Cotincil are given the opportunity to review the proposed request and impose such conditions as
rQaS()IIabJv ticcessary to ensure the use will be compatible with the surrounding area and consistent
With the purposes of the Zoning Ordinance.
Staff,vould recommend that the two (2) required front yards not be used for the re(JUITCCI Off -Street
parking spaces in order to maintain a green area along Hardy Road and S. Preston Road. The
required fOUr (14) off-street parking spaces can be provided by using the existing two (2) space carport
1
and the existing gravel area to accommodate two (2) more parking spaces.
According to the Roanoke County Building Commissioner, the building code requires that a one
liour Fire separation wall be installed between each unit. Fire rated construction is required to be
designed by a licensed architect. Therefore, to convert the existing stnicture into a two -fancily
dwelling, it will require the serviccs of -in architect and Submittal of stamped drawings to the
Building Commissioner belore a pcnnit can be issued and before the Structure can becoriverted into
a two -family dwelling. A certificate of occupancy hill also be required.
Th(; Petitioner has not submitted any proffered conditions nor stamped drawings of the building,
4
(CIT/2009) Karla Turman - Preston Road
Page 1
From: "Elizabeth Dillon" <ediIIon@gmdla%vfirm.co,m>
To: "Karla Turman" <kturman@vintonva.gov>
Date: 618/2009 8:03 AM
Subject: Preston Road
=8
From the best information you have gathered, which is extensive,it
appears to me that prior to 2000, we could consider Lots 14 and 15
together and the use would have been conforming. Technically, we
probably could have blocked the sale of Lot 14 when it was sold to VDOT
or required the use on Lot 15 to conform at that time. Thus, as of 2000
when Lot 14 was sold, the TFR on Lot 15 became an unlawful use. They
need to apply for a SUP. If they want to try to prove grandfathering,
they will have to show the date the use originated and that it was
conforming considering only Lot 15 and that it continued.
Elizabeth
Elizabeth K. Dillon
Guynn, Memmer & Dillon, PC
415 S. College Ave,
Salem, VA 24153
Telephone: 540-387-2320
Facsimile: 540-389-2350
elizabeth.dillon@gmdlawfirm.com
NOTICE from Guynn, Mernmer & Dillon, P.C.: This message and its
attachments are confidential and may be protected by the attorney/client
privilege. If you are not the named addressee or if this message has
been addressed to you in error, you are directed not to read, disclose,
reproduce, distribute, disseminate or otherwise use this transmission.
If you receive this in error, please notify the sender immediately by
e-mail and delete and destroy this message and its attachments.
of
<
1 0/
(6_1!_5,_'2_0-0_9_)K_ar I a Turman - Op-6-onNeeded
Paqr, I
From:
Karla Turinan
To:
Dillon, Elizabeth
CC:
McMillan, Anita
Date:
6/3/2009 5:11 PM
Subject:
Opinion Needed
Elizabeth,
In February, the postmaster inade Lis aware of a change of address request for
3z15 S. Preston Road. The request was to split the address between two
apartments. Initial research showed that the house was a single-family
residence (SFR). There is only one water meter, but there are two electric
meters. Real estate records show the property as an SFR as well.
I
Although a two-family residence (TFR) would be allowed in this zoning district,
the lot does not meet the lot width and area requirements. For it to be used as
a TFR, a special use permit would have to be obtained. I notified the property
1
owners, Danny and Tammy Dillon, of this in February. Per Mr. and Mrs.
Dillon, when they purchased the property last July, they did so because it was
marketed as a duplex, and they bought it as an investment property.
Mr. and Mrs. Dillon have said that they Would apply for a special use permit.
They have been dragging their feet, so t gave them a deadline of June 12 to
turn in the application or remedy the violation. That kicked them into high
gear and they have been doing a lot of research. So have 1. This is what we
know so far:
The former owners, Joseph and Elaine Andrea, purchased lots 14, 15, and 16
in July, 1981 . I have a letter from her (with a notarized signature) stating that
the house was already a TFR when they purchased the property,
Carlton Wright, a co-owner of the company that owned the lots, and sold them
to, the Andreas, has stated that the house was not a TFR when it was sold to
them.
The house sits on tot 15. Lot 14 was sold to VDOT in 2000 due to the Hardy
Road project. Lot 16 was sold in either 1982 or 1987 and now has a SFR on it.
I have documentation from AEP stating that in 1979, a meter was put on "vhat
is now called the upper apartment; a meter was Lidded in 1983 for the lower
i c- p, between 1979 and 1983, the house
I artmenL We can assume that soi
was converted to a TFR.
l.ot 15 alone does not meet the cut -rent requirements for a TFR. It also did not
invet the require rriems for a TFR in 1981 or 1983. Lots 14 and 15 together
Nvould have made the TFR a conforming use in 1981 and 1983.
In 12/80, Mr. WriahL applied for a variance to allow him to build a TFR on Lot
i'6r'512009) Karla Turman - Opinion Needed
I i
Page 2 1
14. It was denied. BZA records imply that the house that existed on Lot 15
was a SFPR at the time.
I sent you an email on 2/ 18/09. Please also refer to that email for details
about water usage, etc. According to Ms. Andrea, both units were rented up
until 2008. According to the �vater dept., the minimum amount of water was
U,;eci betw(.en January 2007 and early 2008 when the house was foreclosed
upon, That, seems to indicate that both units were not occupied.
Mr. ,Lnd Mrs. Dillon feel that the use of the property as a TFR should be
grandfathered, as Lots 14 and 15 would have met the requirements in 1981 or
1983 for a TFR. My concern is that no one is able to prove when it was
converted to a TFR, It could have been converted at any time bctwecn the time
the house was built in 1930 and the time when the 2nd meter was installed in
1983. We have no way to know whether or not the property met the
requirements for a TFR xheri it was converted, because we find no record of a
conversion.
I riced your opinion on this, please. Should the property be deemed as
grandfathered? Or does Mr. and Mrs. Dillon still need to either apply for a
special use permit, or comply? I would appreciate your response as quickly as
possible, As I stated, I have given them a deadline of June 12 to either subil-lit
the application and fee, or comply.
. If they have to apply for an SUP, the June
12 deadline will ensure that it is heard by the Planning Commission in early
July.
Thanks! Call me if you have any questions.
Kal-L-1
Kar]<:i TLIVInal-1, CZO
Code Enforcement Officer/
Associate Planner
Town of Vinton
311 S. Pollard St.
Vinton, VA -'-)4179
540-983-0605
,540-983-062-1 {fax}
TOWN OF VINTTOIN
APPLICATION FOR SPECIAL USE, PERMIT
Applicant's riame: wj_vulll 01 VKV'L.0q
I I -
Address: (_C'3 v'-� kcco'-�4e-
Date: PC Date:
owner's name: L,
-1 1
Address: t0 -�(* U C roc' It
Location of property:
Tax Map Number: C)GII , rl-Cll -L�3; 00 -00(".(_,'Zomng:
Size of parcel(s)' Existing land use:
Future land use: - *
Phone: q � 0 _10 IV)
Zip Code: T-W6
TC Date:
Phone-- q -n-1
Zip Code: Jq 0 (�
The Planning Commission will study special use permitrequest to determine the need and
justification for the change in terms of public health, safety, an4'gen'cral welfare. Please answer
the following questions as -thoroughly as possible. Use additional space if necessary.
1. Describe briefly the type of use mad improvements proposed. State whether ne,;N,
buildings are to be constructed, existing buildings are to be used, or additions
made to existing buildings.
"To 'Iw+ ov t.L.,-C" L
W ct,,o' ,Jes A-0 "�t"
Why does applicant believe the location of the use in question on the particular
property is essential or desirable for the public convenience or welfare and will
,tiot be detrimental to the immediate neighborhood?
f&r r.L +u7c -4a,; it u-*V/.A L,'(ks
ft t -(-Y S-S I-r3 1� Y-u-jx -(a-i- o"S 14a-rii- )Li
e V, I C e V"Oe(i
fee,,,
3. Please describe the impact(s) of the request on the property itself, the adjoiDinc,
properties, and the surrounding area,: as well as- the impacts on public services
and facilities, including water/sewer, roads, schools, parks/recreation, and
fi-relrescue.
are-e, -ZuVUC� St-'-*I'O 6--S "--AAVS 19"VpeI4y
cz
'Sct"t.-e! rg'(-PuLv-el kA 4-f,.^ 41"
4Attach Concept Plan of the proposed project. Plan must be, 8 1/2 " x I I ". Plan
shall show boundaries and dimensions of property; location, widths, and names
of all existing or platted streets within or adjacent to the development: all
buildings, existing and proposed, dimension, floor area and heights; dimensions
acid location of all driveways, parking spaces and loading spaces;existing utilities
(water, sewer) and connections at the site; landscaping and,the.:Jike. Architect's
sketches showing elevations of proposed buildings and complete plans are
desirable and if available, should be filed with application.
5. Please submit any proffered conditions at the site and show how they are
addressed.
'lierek y certiL, that lam the owner of*theproperty or the owner's agent or contract purchaser
and am acting with the knowledge and consent of the owner. -
Owner's/Authorized Agent: \A'
will
LA
Nlay 29. 2009
To Whom It May (:oncern,
This letter serves to give intorrnation concerning the property located at 345 S. Preston
Road Vinton, VA. 1, Elaine NNI. Andrea along %vith my husband, Joseph 1). Andrea, now
deceased, purchased, on July 20, 1981, Lot 414, #15 & #16 according to the Map of
ScCtion I I-lowellvieWCOUrt of -record in Deed Book 159 at Page 540.
J'Iiis property was sold to us as a Duplex by Jefftey L. Owens. My husband and I used
this property as a Duplex and tive had several tenants during the time that we owned it
f'roiri July 1981 to June 2008.
Sincerely,
V
L
Elaine M. Andrea
STATE'Ot,' VIIZGfNTIA
1�
CF1-Y/CO1j-N,'FY OF, h'c'u'i X-�4,V1
, to -writ:
r,14
Tlic tbreoing instrument was acknowledged before me this 7day of May,
X/1 C)f-e-
Notary Public
Commission Expires: - �,Y - 2 c/
CHRISTOPHER M, STONE
NOTARY PUBLIC
COL11`110NWEALTH OF VIRGINIA
RE'G# 7075284
' i 4� - ' R-7.,')�") 10
/!Y COV11MISSION EXPIRES �/-
145 S. Preston Rd.
Page I of I
0-
From: jpread@aep.com
To: drdillon06@aol-corr
Subject- 345 S. Preston Rd.
Date: Thu, 28 May 2009 3:05 pm
To Whom It May Concern:
As further verification concerning the dwelling located at 345 S. Preston
Rd. in Vinton, VA, I am able to confirm that Appalachian Power Company
had an active account on the meter serving the upper apartment between
'1992 and 2008. Additionally there was an active account on the meter
serving the lower apartment between 2003 and 2008. 1 can also say that
the lower apartment had an active account prior to 2003 as well. Once
again, due to privacy issues, there is not really any further information I
can legally provide you without a subpoena, so unless you wish to serve
one on our company, this is as far as I can go. It should give you a fairly
good representation of the status of that dwelling.
Sincerely,
J.P. Read, III
Customer Services Account Representative
Appalachian Power Company
802 River Ave.
Roanoke, VA
litti)://��,ebiiiail.-,iol.coin/4z'952/nol/en-u,,,/tiiail/PrintN4essage,aspx 512812009
]45 S Preston Rd. Page \ o[\
From: jpmad@aepcom
To: dndi/lonOD@an.onm
Subject: J45SPreston Rd,
Date: Wed, 27May 2UD84:O4pm
To Whom It May Concern:
At the request of, and permission from the owner of the dwelling located at 345 S, Preston Rd. in
Vinton, VA. | annverifying that Appalachian Power Company has had an electric meter installed
toserve what ionow referred tnasthe "lower apartment" since November 1. 1981 | also note
that thenehaabeenomebe/forwhatianovvknownaoihe^upperapmrtment'minoeK8a/nh|.
1978. Although < know nothing about this dwelling, ) would figure that this was the meter that
served the entire house when it was a single family home during its past history. In any event,
from our standpoint it can be assumed that this dwelling has been divided into two separate
units since 1983, Because of privacy issues, I arn not allowed to reveal the names of any of the
tenants during that period nor any information about their electric accounts.
Sincerely,
J�P-Read, III
Customer Services Account Representative
Appalachian Power Company
8O2River Ave.
Roanoke, VA