HomeMy WebLinkAbout5/18/2010 - RegularBradley E. Grose, Mayor
Robert R. Altice, Councilmember
Carolyn D. Fidler, Vice Mayor
Matthew S. Hare, Councilmember
William "Wes" Nance, Councilmember
Vinton Town •
Regular Meeting
Tuesday, May 18, 2010
AGENDA
Consideration of:
A. 7:00 P.M. — Roll Call and Establishment of a Quorum
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
D. CONSENT AGENDA
1. Request to Approve Minutes for Regular Meeting of April 20, 2010
2, Appointment of Assistant Town Manager to the Greater Roanoke Valley
Transportation Board — Resolution No. 1871
E. AWARDS, RECOGNITIONS, PRESENTATIONS
1 Recognition of MPO William Sankbeil as Officer of the Month for April, 2010
2. Proclamation — National Public Works Week — May 16 to 22, 2010
F. CITIZENS' COMMENTS AND PETITIONS
G. PUBLIC HEARING
1. Request to Close Bowman Street Right -of -Way — Ordinance No. 900
2. Proposed Budget for FY 2010-2011
H. TOWN ATTORNEY
I. TOWN MANAGER
1. Consideration of Utility Customer Financing Policy
2. Request to Allocate Funding for Renovation of Entrance Signs — Resolution
No. 1872
J. MAYOR
K. COUNCIL
NEXT TOWN COUNCIL MEETING:
Regularly Scheduled Meeting of June 1, 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
IMMUff 010 =6
2, Budget
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00
P.M. ON TUESDAY, APRIL 20, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
Bradley E. Grose, Mayor
Robert R. Altice
Carolyn D. Fidler
Matthew S. Hare
William W. Nance
STAFF PRESENT: Chris Lawrence, Town Manager
Darleen Bailey, Town Clerk
Elizabeth Dillon, Town Attorney
Barry Thompson, Finance Director/Treasurer
Joey Hiner, Assistant Public Works Director
Beth Austin, Human Resources Manager
Agenda
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 Meeting of March 16, 2010
E. AWARDS, RECOGNITIONS, PRESENTATIONS
1. Officer of the Month for March — Police Officer Fabricio Drumond
2. Dispatcher of the Quarter — Wayne Guffey
1 Vinton Area Chamber of Commerce
4. Volunteer Fire Department
5. Volunteer First Aid Crew
F. CITIZENS' COMMENTS AND PETITIONS
G. TOWN ATTORNEY
H. TOWN MANAGER
1. Reorganizational Proposal to Focus on Economic Development and
Business Advocacy
I. MAYOR
1. Charter Amendment
i - COUNCIL
K. ADJOURNMENT
N00.1. 3 M x- ��* �
1. War Memorial Report
2. Quarterly Financial Report
Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation
Following roll call, Ms. Sabrina Weeks, President of the Vinton gave and Pledge of
the invocation and Mr. Altice led the Pledge of Allegiance to the U.S. Allegiance to U.S.
Flag. Flag.
The Consent Agenda was approved on motion by Ms. Fidler and
seconded by Mr. Alfice, with all in favor.
Mr. Nance read a letter from Chief Cooley recognizing Police Officer,
Fabricio Drummond as Officer of the Month for the month of March.
Mr, Hare read a letter from Chief Cooley recognizing Wayne Guffey
as Dispatcher of the Quarter.
Mayor Grose congratulated Officer Drummond and Mr. Guffey for
their outstanding accomplishments.
Sabrina Weeks, President of the Vinton Area Chamber of
Commerce, reported on their funding request for 2010/2011. She
advised that the Chamber works hand -in -hand with the Town on
many events and it is their goal to support the Town of Vinton and
businesses that are located in the town. She noted that the Chamber
realizes that the economy has had a big impact on the Town but
asked that the Town continue to support the Chamber as they have
in the past.
Mr. Hare reported that he appreciates all that the Chamber does for
the Town and the businesses in Town. He asked if Roanoke County
was going to contribute to the Chamber next year and Ms. Weeks
stated that Mr. Altizer plans to attend a Board of Director's meeting
as soon as the Board of Supervisors determine what their
contribution will be, Mayor Grose stressed that he feels the Town's
relationship with the Chamber of Commerce is very important and
appreciated the work they do in support of the Town.
Bennie Powell, Chief of the Vinton Volunteer Fire Department gave
an overview of how funds contributed by the Town last year, were
spent. He noted that funds were spent for travel to conferences and
training; two new exhaust fans for the engine and the wagon; an
upgrade to education equipment; and for new uniforms. Chief Powell
reported that this year, the Fire Department would like to purchase a
thermal imaging camera to replace their 20 year old camera. He
advised that the camera will take most of this year's funding.
In regards to CIP needs, Chief Powell pointed out that the roof on
the firehouse is leaking and is in critical need of repair. He asked that
the Town consider repairing it. He noted that some of the small
projects that were included with the Town's space study have been
completed such as moving the lights switches to the training room
from outside of the building, installing a new panel box and lights in
Chamber of Com-
merce request for
funding
Volunteer Fire Depart-
ment request for
funding
7
the back stairwell.
Chief Powell advised that Council might want to think about setting
aside funds for a new ladder truck as it will need to be replaced within
five or six years. He stated that the cost for the ladder truck would be
split 50/50 between the Town and the County.
Chief Powell thanked Council for their support. Mayor Grose
expressed appreciation to the Chief and all of the volunteers for the
work they do for the citizens of Vinton,
Mr. Nance echoed the Mayor's comments. Mr. Hare inquired as to
how they would operate for the rest of the year if they spent most of
the money from the Town on a thermal camera and Chief Powell
explained that the Volunteers have a fund drive each year and the
County gives them an allotment for turn -out gear. Mr. Hare asked if
any of their training, travel, etc. would have to be cut. Chief Powell
replied that the Volunteers try to get as much training as they can
from Roanoke County who also pay for any needed printed material
they use. He noted that if anyone does not complete their training or
fails the course, they have to reimburse the Fire Department,
Chief Doug Adams of the Vinton First Aid Crew, thanked Council for First Aid Crew's
supporting them throughout the year, request for funding
Chief Adams reported that the Vinton First Aid Crew cut their budget
last year by more than 15%. He explained that the Crew does have
a fund raiser, a mail -out that is done every year.
Chief Adams advised that the money received from the Town is used
for equipment, uniforms and training that is not available locally. He
noted that the Town's contribution to the Crew would amount to
approximately 20% of total funds raised. He added that the First Aid
Crew does have a small "nest egg" as they feel that it is prudent to
have funds available as no one knows what will happen in the future.
Chief Adams reported on a new chair displayed at a conference that
is used to carry patients down stairways and costs approximately
$3,000. He also discussed a rehab unit constructed by the Crew
from an old ambulance that is used to provide a place to provide
emergency service workers with food, water, and any first aid the
firemen may need.
Chief Adams reported that the Volunteer Fire Department and the
First Aid Crew share costs for a computer system that they both use.
Mayor Grose thanked the Volunteers for the work they do. Chief
Adams then briefly discussed the First Aid Crew's process to recruit
new members,
Mr. Lawrence reported on the reorganizational proposal that is
focused on economic development and business advocacy. He
noted that a month before, Council had asked staff to examine how
businesses are addressed from a customer service and economic
development standpoint. He went on to say that there are a number
of concerns and issues that have been addressed by business
owners who feel that the Town is not business friendly.
Mr. Lawrence advised that there are state and federal codes that are
implemented by local governments such as ADA requirements,
Building Code requirements and Fire Prevention Codes. He noted
that the Town has no control over these codes which have
continually become more stringent over the last 10 years. He went
on to say that a developer has to contend with multiple departments
in the Town and Roanoke County when they come in to submit plans
or to apply for various permits needed for a project.
Mr. Lawrence commented on the successful Fagade Program,
especially on Lee Avenue, He explained that the Town is an affiliate
member of the Main Street Program which serves as a model for
revitalizing and managing downtowns. He also recognized several
other revitalization efforts by the Town such as the Downtown Master
Plan, the feasibility study for the Vinton Motors property, completion
of the Corridor Study as well as the partnership with Roanoke County
to develop the Vinton Business Center.
Mr, Lawrence explained that he had been asked by Council to create
a position that would focus on economic development and customer
service as a priority. He further advised that the Town Manager's
Office has been restructured so that he and the Assistant Town
Manager can focus as business advocates to enhance
communication and to develop and improve relationships with the
business community. Mr. Lawrence stated that the new Business
Advocate position would serve as a contact for current businesses
and also help facilitate in future successful businesses start-ups.
Mr. Lawrence stressed that the Town will utilize current staff
experience to work smarter to accomplish Council's goals for
economic development. He advised that responsibilities for the
Assistant Town Manager, Consuella Caudill, would continue to carry
out her responsibilities as Assistant Town Manager with a focus on
economic development. Mr. Lawrence noted that Human Resources
and the Fire and EMS Department will now report to him.
The Town Manager requested direction from Council for guidance to
create a [policy that will assure that staffs goals are in line with
Discussion of the
reorganizational pro-
posal for economic
development and busi-
ness advocacy
4
Council's expectations. He noted that he had come up with five goals
that can be adjusted later if they need to be:
Improve customer service with an emphasis on stronger, more
unified connections between departments and agencies that
have an impact the business community
2. Cultivate a culture that balances regulatory responsibility as
well as business development
3. Enhance attention and resources directed toward economic
development with a focus on small businesses
4, continue to develop and enhance the branding and marketing
of the Town as a great place to live and do business
5. Develop measurable metrics to show what the outcomes are
Mr. Lawrence noted the staff needs to ensure that the Town has an
organizational culture that will enhance customer service to the
citizens and that all of the Town's policies are customer oriented.
Following Mr. Lawrence's report, Ms. Fidler commented that she
would like to see the changes made as soon as possible. Mr. Nance
stated that he feels action is necessary. He noted that it will be very
hard to change the culture of the Town and the perceptions about the
Town because they are intangible. He went on to say that a change
in perception would probably not happen through a change in the
culture of the Town, but with a change in how individuals are dealt
with through relationships and action.
Mr. Hare stated he strongly supports this plan and wanted to assure
staff that they have the support of Council, He stressed that staff will
need to ask Council for what they need to implement the plan, Mr.
Hare went on to say that he thought it would be wise to work out a
"game plan" detailing what needs to be done to change perceptions
and how the Town needs to relate to businesses,
Mr. Hare expressed his concerns that the Town Manager will now
have more department head reporting to him than he should have.
He went on to say that it is important that Ms. Caudill's position is
recognized as a future leader for the Town.
Mayor Grose commended the Town Manager for his quick response
to Council's concerns. He advised that he realizes the position will
take up a considerable amount of time but felt it is very important that
the Business Advocacy position spend the time with the Town's
business community. Mayor Grose stated that he is counting on this
position to enhance the Town's economy and is excited that the
person filling this position is a professional.
Mr. Altice commented out that the change will take time.
The Mayor reported that the Governor is presently considering HB
1014 that requires vacancies in a local governing body or elected
school board, be filled by a special election which shall be no later
than the next general election unless the vacancy occurs within 90
days of the next general election, in which event, it shall be held
promptly but no later than the second general election, The Mayor
explained say that the Governor has recommended that the Town's
proposed charter amendment include the requirements as stated in
HB 1014.
Mayor Grose reported that the Town Manager has contacted all
Council members regarding the Governor's requested amendment
and there were no objections,
Ms. Fidler moved to support the Governor's recommendation that the
Town's proposed Charter amendment include the requirements as
stated in HB 1014. The motion was seconded by Mr. Altice and
passed unanimously on a roll cal vote.
Approved Governor's
requested addition to
the Town's proposed
Charter Amendment
The Mayor distributed a letter to Council from the William Byrd Middle Discussed contribution
School thanking the Town for allowing them to make their for Rachel's Challenge
presentation for the Rachel's Challenge program. The letter also
stated that they are attempting to raise $5,000 that would allow the
school to become a part of the Rachel's Challenge program.
Mayor Grose inquired whether a contribution to Rachel's Challenge
had been included in the current budget. Mr. Lawrence advised that
funding was not in the current budget but a $500 contribution was
included in the proposed 2010/2011 budget as an outside agency
request. He advised that it was his understanding that Council
wanted to include an amount that would go to the Advancement
Foundation to be earmarked for the Prevention Council that does
work at the Middle School as well as the High School.
There was a consensus of Council to include a $500 contribution in
the proposed budget for the Advancement Foundation as noted
above.
Mr. Hare pointed out that this is one thing Council can do that would
directly affect thousands of children. He recommended increasing
the Town's contribution as it would impact many young people. Mr.
Altice pointed out that the Town's contribution would be used by the
Advancement Foundation to leverage other grants that would add to
I
the Town's contribution.
Ms. Fidler gave a brief report on Arbor Day activities. Mr. Lawrence
reported that the Arbor Day tree planting effort that took place on the
previous Saturday in the Midway area, was the result of a partnership
with the State Department of Forestry who gave the Town a grant of
$15,000, as well as the Glade Creek Restoration Group, Trout
Unlimited, Orvis and the Upper Roanoke River Committee. He noted
that as a result, 300 trees were planted. Mr. Lawrence expressed his
appreciation to Anita McMillan, the Town's Planning Director, who
played a key part in organizing this event.
Mayor Grose congratulated Town employees for the great job they
do every day,
Mr. Lawrence reported that the Public Works Department was also
very instrumental in the tree planting project.
Mr. Nance renewed the discussion to commemorate the former Vice
Mayor Billy Obenchain's service to the community. He stated his
opinion that he would like to see this happen by the current council
members. He further stated that he had spoken to Mrs. Obenchain
about some of the ideas that had been discussed to honor her
husband. He explained that Mrs. Obenchain had stressed that she
did not want to appear to be an influence on how Council decides to
honor the former Vice Mayor but was concerned that if anything
related to the Veterans Monument was named after him, it may
detract from the overall theme of the monument.
Mr. Nance inquired as to what Council feels should be done to honor
the former Vice Mayor and what they should spend on it. He advised
that he felt renaming the Library Room at the War Memorial after the
former Vice Mayor or renaming Council Chambers in his honor would
be proper options.
Ms. Fidler said she particularly liked the idea of renaming the Library
Room at the War Memorial. She went on to say that she has
reservations about naming a part of the monument for him due to its
nature. Mayor Grose stated that he felt there might be some
misconception regarding the naming opportunities for the Veterans
Monument as the entire monument is broken out into several naming
opportunities, most of which have been taken by individuals and
organizations that are not necessarily in memory or for veterans.
When asked what his preference would be to honor Mr. Obenchain,
Mr, Nance stated that he preferred the renaming of the Library Room.
The Mayor responded that he had no objections to that idea. Mr.
Altice commented that he had no problem with the Monument or the
7
13MMUM
Mr. Lawrence stated that staff would put together a proposal for
Council in a couple of weeks.
Mr. Nance brought up the vice mayor appointment and stated that he
felt it would be appropriate to appoint an acting vice mayor to fill Mr.
Obenchain's term that ends on July 1, 2010. He nominated Carolyn
Fidler as Acting Vice Mayor to serve until the first meeting in July
when a new Vice Mayor will be appointed. The motion was
seconded by Mr. Altice and passed unanimously with a roll call vote.
As there was no further business, Mayor Grose adjourned the
meeting at 8:34 p.m.
Appointed Carolyn
Fidler as Acting Vice
Mayor
Laura Reilly reviewed a report she had prepared on the financial status of the
Vinton War Memorial. She reported that she had applied a new pricing structure
and that she and her staff were creating new packages to pull in smaller events.
Ms. Reilly stressed that she and her staff are making sure that everyone gets great
service when they hold or attend an event at the War Memorial. She went on to
say that people know about the War Memorial now and she has been seeing a
change in the way people think about the facility. As a result, business had
remained steady despite the bad economy and weekday business had picked up.
Ms. Reilly discussed some facility maintenance issues:
a. There have been no emergency calls this quarter for the HVAC system.
lb. The smoke detectors were changed out to heat detectors as the smoke
detectors would send out an alarm every time the temperature dropped
below 32 degrees. Cost - $700.00
C. A light re -sanding and re -surfacing of the War Memorial hardwood floors had
recently been completed.
Ms. Reilly noted that Danny Lugar, the part time setup person, resigned in January
and she is now taking applications to replace him. She also noted that she is
planning to add some additional responsibilities to the position that would decrease
the cost of janitorial service.
M
Ms. Reilly advised that she had reduced the amount of print advertising as it has
been very ineffective and is doing more advertising on television. She noted that
she was also using social media such as Facebook as well.
Ms. Reilly reported that based on her calculations, the numbers for the War
Memorial are surprisingly close to where they were at this point last year. Mr. Hare
inquired as to whether the War Memorial was taking market share given the fact
that the numbers are where they were last year. Ms. Reilly replied that she
believed they were because the market has declined but her revenue had not. She
went on to say that she felt that when the economy improves, things are going to
start moving very quickly.
Ms. Fidler asked if anyone had inquired about having a New Year's Eve event at
the War Memorial. Ms, Reilly replied that the Chamber of Commerce is planning to
hold an event on New Year's Eve, She went on to say that she and the Town
Manager are going to meet to discuss the charges for this year so that the
Chamber will know what to plan for future events. She noted that there is usually
no non-profit pricing on Saturdays or holidays. Mr. Hare commended her for
staying on top of charges and making changes where they need to be made.
Ms. Reilly advised that there are times when she has to "almost give away a
reservation" just to get people in the door with the understanding that the next time
they use the War Memorial, they will be paying the full amount.
Mr. Altice reported that he had received comments from constituents that they get
better service at the War Memorial than they do at the Virginia Tech facilities. Mr.
Hare cautioned that even though revenues are good now, they still have three
month's to go before the year is over. Ms. Reilly advised that for the past three
years, she has concentrated on filling the building but now planned to focus on
increasing revenues. She pointed out that the way to do that is with excellent
service.
Ms. Reilly reported that the Town's Relay for Life teams have brought in $3,655.
2. Quarterly Financial Report
Mr. Thompson stated that for this report, he had summarized the revenues and
expenditures and had prepared a fund balance analysis for the last five years.
He advised that the estimated budget for the current fiscal year is $7,799,836 and
the YTD (year to date) revenues are at $4,824,595 or 61.86% of the total budget.
He reviewed the major categories of revenues and amounts collected to date,
Mr. Thompson advised that the expenditures are currently higher than the revenues
are because certain fixed and one time expenditures come in at the beginning of
the year but the revenue stream usually comes in at the end of the year when real
estate and personal property taxes are collected. Mr. Thompson assured Council
I
that he feels the figures will even out, however, if he finds that revenues are not
coming in as projected, he will advise Council.
Mr. Thompson reviewed General Fund expenditures for the following departments
that are at 75% or more: Fire and EMS; Highways Streets and Bridges; Snow and
Ice; Recycling; Economic Development and Debt Service, He pointed out that the
Town may receive a reimbursement from FEMA for snow and ice removal. He
went on to say that if the FEMA funds do not come in by June 30th , he will have to
request an appropriation from Council to balance the account. Mr. Thompson
stated that he felt most of these categories will work themselves out by the end of
the year. During a discussion on Economic Development funds, Mayor Grose
commented that he was very concerned that the Town spends more for recycling
than for economic development. Mr. Lawrence added that most of the money in
the Economic Development account was for a website. He pointed out that the
money that has been put in this account has not been spent for the last couple of
years as there has been very few fagade grant requests during that time,
Mr. Nance noted that when the Town puts money into the War Memorial, Special
Programs, or the Farmers Market, money is being spent towards economic
development. Mr. Altice commented that the Town needs to have good projects in
mind before they begin to discuss spending money.
Mr. Thompson noted that approximately 59.85% of revenues in the Utility Fund had
been collected as of April 1st and approximately 64.47% of the budget was
expended at that time. He explained that a 10% water/sewer rate increase went
into affect on January 1 st and was collected for the first time in March. This left only
two billing cycles in the fiscal year to collect the increased amount. Mr. Thompson
pointed out that if the increase had gone into affect in December, the Town would
have been able to collect four billing cycles for the year that would have included
the increase instead of just two. He recommended that staff needs to take this into
consideration when the next increase is done.
Mr. Thompson reviewed delinquencies in the Utility Department funds. He reported
that his office has 460 outstanding accounts totaling $51,124.90 that are overdue
by at least 120 days. He further reported that his office will continue to attempt to
collect these accounts and noted that $6,564.33 in delinquencies had been
collected since September, 2009, Mr. Thompson credited Ali Henderson, his part
time employee, for collecting the delinquent accounts.
Mr. Hare inquired as to the biggest obstacle to collecting the delinquent accounts
and Mr. Thompson responded that the biggest obstacle was the fact that he did not
have the staff to work the accounts.
In reviewing delinquent personal property taxes, Mr. Thompson reported that after
the Town stopped issuing decals and began charging the VLF fee, he has had
difficulty in collecting the VLF fee. He further reported that prior to this year, the
taxes were always paid first and the VLF fee was paid last. He went on to say that
since it is much easier by law to collect delinquent taxes than it is to collect
ul
delinquent VLF fees, this year, the payment priority was changed so any money
coming in to pay Personal Property tax would pay the VLF fee before the tax is
paid.
During a discussion on ways to make this process easier, Mr. Thompson
suggested that if the personal property tax rate were increased, the Town could do
away with the VLF fee, Mr. Lawrence explained that increasing the tax would shift
the tax burden because those who own older vehicles would not have to pay
anything while those who own newer vehicles would have to pay a higher rate.
Mr. Thompson reviewed the fund balances summary from 2003 through 2009.
Following Mr. Thompson's presentation, Mr. Hare questioned the $800,000 spent
from the surplus fund balance from 2008 to 2009 and wanted to know if the funds
were used to service debt. Mr. Thompson responded the $800,000 was spent on
debt service. Mr. Lawrence pointed out that the Town's current revenues will not
support the debt that was taken on four years ago and that no revenue had been
dedicated to pay for that debt service, Mr. Hare stated that this information
changes the proposed budget as the Town cannot continue to spend the entire
amount of revenue that is taken in if the Town is to survive,
Mr. Lawrence pointed out that the Town's revenues are down another $400,000 in
next year's budget. Mr. Thompson added that the Gainshare Agreement with
Roanoke County will be ending in nine years which means even less revenue for
the Town, Mr. Hare advised that he believed that the current economic conditions
probably would not end for another four or five years and that the Town cannot
operate the way it has operated for the last couple of years if it is to survive,
Ms. Fidler asked if there was any potential at all for refinancing the debt and was
advised by the Treasurer that the interest rate is already very low so refinancing
would not help. Mr. Hare stated that the Town's financial problems are not due to
the amount of revenue taken in but are a result of a spending choices made in the
past.
Mr. Lawrence stated that the only way the Town is going to be able to afford to pay
for obligated capital projects for next year is to use some of the surplus or to cut
services which would lay off employees. Ms. Fidler inquired as to what the capital
projects for next year would be. Mr. Lawrence replied that there was the police car
lease at $49,000, a new ambulance at $35,000, a new roof for the Fire Department
at $85,000 based on the engineer's assessment and the corridor improvements at
$10,000. He commented that the Town is financially obligated to pay for these
projects.
Mayor Grose stated that he was confused about the $3,000,000 difference from
2006 and 2007. Mr, Thompson replied that it was bond issue money for the War
Memorial and the Fire and EMS building. Mr. Hare stressed that the problem was
not caused by the recession but by the debt that was taken on four years ago that
was not built into the budget.
The Mayor commented it was his understanding that at the time the Town took on
the debt, the Town could afford it. Ms. Fidler added that Council had been told that
they could afford it, Mr. Hare asked if it would be possible to pull out an old budget
to see if it was affordable at that time. Mayor Grose stated that he believed that the
recession did have a huge affect on the Town's financial status and sincerely hoped
that they had not taken on debt that the Town should not have incurred.
Mr. Altice expressed his concerns about the current police vehicle lease that runs
for another five years, at which time, the cars would need to be replaced. Mr. Hare
pointed out that if the budget situation is not dealt with now, in five years, the Town
will have half the Police Department and Public Works crew it has now because the
only way to come up with an additional $400,000 more is to cut people,
Mr. Hare stated that Town funds are now down by $700,000 so the budget needs a
$700,000 cushion, which is cutting a $7,000,000 budget close.
Mr. Hare made an inquiry as to how much cash the Town has and the Treasurer
responded that the Town has $2,000,000 in cash and hoped to have at least $2.9
million by the end of the year.
The Mayor wondered how the cash on hand at the end of this year would compare
with past years. Mr. Hare recommended that Council adopt a resolution that states
no funds are taken out of the General Fund without Council voting on it. Mr.
Lawrence replied that anything that is not in the budget and needs to be
appropriated, is brought to Council.
Mr. Lawrence reminded Council that the Budget Work Session is scheduled for the
following Thursday at 3:00 at the War Memorial in the Library Room.
The work session was adjourned at 11:00 p.m.
ATTEST:
Darleen R. Bailey, Town Clerk
F-Al a a z; NOT a
Bradley E. Grose, Mayor
12
RESOLUTION NO. 1871
AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 18, 2010, AT 7:00
P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311
SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, Roanoke City has decided to create a Board of Directors for the Greater Roanoke Transit
Company, (GRTC dba Valley Metro) and has invited the Town of Vinton to have a
representative serve on the Board,
WHEREAS, GRTC provides both transit and paratransit service to the citizens of the Town of Vinton
and is funded by the Town,
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby appoint the Assistant
Town Manager, Consuela Caudill, as the Town representative to serve on the GRTC Board of Directors for
a term of one-year beginning July 1, 2010.
This Resolution adopted by consent on motion by and seconded by with the following
votes recorded:
AYES:
NAYS:
Bradley E. Grose, Mayor
ATTEST:
APPROVED-.
Bradley E Grose, Mayor
ATTEST:
Darleen R. Bailey, Town Clerk
Vinton Police Department
311 SOUTH POLLARD STREET
VINTON, VIRGINIA 24179
HERBERT G. COOLEY
CHIEF OF POLICE
A State Accredited Agency
May 12, 2010
To: William F. Sankeil
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 April 2010.
You were nominated by your peers for your "consistently active and productive work
performance". Your nomination also praised your ability to think outside the box in the
handling of everything from routine traffic stops to complex investigations. Your abilities,
in this area, are described as "unmatched" in the department.
You are obviously setting a fine example for your peers.
Good Work!
Chief of Police
CC: Chris Lawrence, Town Manager
Beth Austin, Human Resources Director
Mayor and Members of Council
Darleen Bailey, Town Clerk --'
TO: TOWN K3ANAGEW0OFFICE
FROM: Public Works Director
DATE: |3May 200
SUBJECT: YVo1iono) Public Works Week, May 101o22, 2010
ISSUE/PURPOSE: To request approval ofa proclarnation designating the week of May 16 to 22, Public Works
Week inthe Town n[Vinton Virginia.
The American Public Works Association advocates the recognition and celebration Of Public Works Week in all
cities, counties, and towns across the U,S.
This year marks |he fiftieth year of celebration. The VYcok calls unondou to the importance of public works in
community life, Well maintained inkas\rudun\ mUeuts, gonnw/u cr collection, nuicr distribution, wastewater
collection, traffic signals & signagc; and effective services such as administration, snow nemVwui nckmc
collection, recycling, automotive & construction cquipmCn( maintenance are all vital to neighborhood quality of
life and tothe cconomicwell being ofthoTo*o.
The Week seeks 1oenhance thcprcstigeOf1henKcn-unmunghenocoofoursonioty-hmpnoftaaimna|s"/boscrve1hr
pub|ic(TooUcveryduY.mndoUenutnigh1undunweukendm,undcru||veurhcrcnndi\imnov/i1hquictdcdicuhou.
The demo o[ this year's celebration is, ^^D»mW}io Works: Above, l0eUevr, & All Around You". This 1henue
Uocmmcm oil the diverse on'uy of services provided by Public Works Departments to the communities the), serve.
Public Works services touch thousands of lives every day, 8,D00 in tile Town and another 5,000 in our East
Roanoke Countyuti|ityucrviceuocu Services urcprn,idcdevcryday with nofanfare zothousands ofcus|ormcrs
who are souccustomcd |odhrm that they cxpcctthom to happen without interruption.
Traditionally, the v/cck is recognized by pvoo|onomtionn from the D. S. Senate, U.S. House, arid Governor of
Virginia. 'I'llis will be tile sixth year of celebration in the Twvn of Vinton.
ACTION REQUESTED: Mayor Grose approve and sign tile attached pmclamaion.
CITIZENS COMMENTS: Not Applicable
DATE ACTION NEEDED: AtMa\or'aearliest convenience
ATTACHMENTS: Prmc|nnngknn
Town of Vinton
Proclamation
WHEREAS, public works services provided in the Town are an integral part of our citizens,
institutions, businesses, and industries everyday lives and well being, and
WHEREAS, public support of the importance of effective and efficient public works services such as
street maintenance, sidewalk repair, solid waste collection, recycling, traffic signal & sign maintenance.
snow & ice removal, stormwater collection., water production & distribution, and wastewater collection
improves morale and performance of public works staff, and
WHEREAS, the health, safety, economic growth, and quality of life in our Town greatly depend on
these vital Public Works services; and
WHEREAS, public works staff also provide critical response capabilities, experience, and support in
times of emergency; and
WHEREAS, the efficiency of the qualified and dedicated people who staff public works is positively
influenced by the citizens' attitude and understanding of the important services the staff provides,
NOW, THEREFORE, I Bradley E. Grose, Mayor of the Town of Vinton, Virginia do hereby proclaim
May 16 to 212, 2010 as Public Works Week in the Town of Vinton,
IN WITNESS HEREOF, I have set my hand and caused the seat of the Town of Vinton to be affixed on
this 13 1h day of May, 2010.
Bradley, E. Grose, Mayor
ACTION NO: Ord. 900
ITEM NO: CJ- I
TO: TOWN MANAGER'S OFFICE
FROM: Karla Turman, Associate Planner/Code Enforcement Officer
DATE: May 14, 2010
SUBJECT: Request to vacate a portion of Bowman Street
ISSUE/PURPOSE: The Town is requesting the vacation of the portion of Bowman Street that
lies between E. Madison Avenue and Washington Avenue. This portion of Bowman Street
borders several parcels owned by Bob Woods Union 76, Inc.
BACKGROUND INFORMATION: In March, 2010, staff was contacted by Tommy Wood
regarding his desire to change the free-standing sign at Wood's Service Center, located at 418
Washington Avenue, The current free-standing sign is located in the Bowman Street right-of-
way. Mr. Wood indicated that the town once said that the Bowman Street right-of-way would be
vacated after the Washington Avenue widening project was completed. Sta ffreseare tied whether
or not the right-of-way had been vacated, and found no evidence of the vacation. Staff did find,
however, a 1988 survey of Mr. \Alood's property, as well as a file memo dated October 22, 1987
in which Town Council discussed this matter in a work session and stated it was their intent to
close the street.
DATE ACTION NEEDED: May l8,2010.
ORDINANCE NO. 900
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, MAY 18, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE permanently vacating, discontinuing and closing a certain public
right-of-way in the Town of Vinton,, Virginia, as more particularly described hereinafter.
WHEREAS, the Town of Vinton requests the Council the Town of Vinton, Virginia to
permanently vacate,, discontinue and close the public right-of-way described hereinafter,
WHEREAS., on April 1), 2010, a notification letter was mailed by the Town Planning
and Zoning Department to American Electric Power (AEP), Cox Communications,, Roanoke Gas
Company, and Verizon, requesting to know if said utility companies are utilizing the said public
right-of-way,
WHEREAS, on April 26, 2010, a notification letter was mailed by the Town of Vinton
to the adjoining property owners of said public right-of-way,
WHEREAS, a public hearing was held on such application by the Council on May 18,
2010. after due and timely notice thereof as required by Virginia Code § 15,2-2006, as amended,
at which hearing all parties in interest and citizens were afforded an opportunity to be heard on
such application;
WHEREAS, it appearing from the foregoing that the land owners affected by the
requested closing of the subject public right-of4vay have been properly notified-,
WHEREAS, the vacation is subjet to the rights of the owners of any public utility
installations which have been previously erected therein including a water line owned by the
Town of Vinton such that a water line casement twenty (20) feet in width be placed directly over
the water line, so that the water line is in the center of such easement; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing and closing
such public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia,
that the public right-of-way situate in the Town of Vinton. Virginia., and more particularly
described as follows:
A portion of the Bowman Street right-of-way in Vinton approximately
thirty-six (36) feet wide by approximately one hundred seven (107) fleet
long on the nortivvest side and approximately eighty-seven (87) feet on
the northeast side, of record, Vinyard Survey, Dced Book 1278, Page
1660.
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as the Council of the To-,N'n of
Vinton is empowered so to do with respect to the closed portion of the right-of-way, reserving
however, to the Town of Vinton and any utility company or public authority, including,
specifically, without limitation, pro,iders to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sanitary sewer and water mains, television
cable, electric wires, gas lines., telephone lines, and related facilities that may now be located in
or across such public right-of-way, together with the right of ingress and egress for the
maintenance or replacement of such lines, mains or utilities, such right to include the right to
remove., without the payment of compensation or damages of any kind to the owner., any
landscaping, fences, shrubbery, structure or any other encroachments on or over the easement
which impede access for maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later abandonment of use or
permanent removal from the above -described public right-of-way of any such municipal
installation or other utility or facility b,, the owner thereof.
BE IT FURTHER ORDAINED that the Clerk of the Town Council shall cause a
certified copy of this Ordinance to be recorded in the deed books after the expiration of sixty
(60) days from the date hereof, unless appealed to the Circuit Court for Roanoke County,
Virginia and thereafter if this Ordinance is affirmed by said Court, in the Clerk's Office of the
Circuit Court of the County of Roanoke.. Virginia, and indexed appropriately in the Grantor's and
Grantee's Index.
This ordinance shall be in full force and effect upon passage.
This ordinance adopted on motion made by Council Member
and seconded by Council Member , with the following votes recorded:
AYES
NAYS
ATTEST:
Darleen R. Bailey
Clerk of Council
Bradley E. Grose, Mayor
Town of Vinton
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TEL: 540-772-9580 FAX: 540-772-8050
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
Balzer & Associates, Inc, 1208 Corporate Circle Roanoke Va. 21
1
FILE MEMO
DATE: OCTOBER 22, 1987
RE: CLOSING OF BOWMAN STREET
At the Work Session of Vinton Town Council, in Executive Session, Council was
advised of a need for the Town of Vinton to close Bowman Street, adjoining Bob
Wood's property to permit the Highway Department to realign Bowman Street at a
right angle with Washington Avenue across from Church Street. Please be advis-
ed that the consensus of Council was that once the highway had been completed
and the corrected roadway shown, the Town would then go back in and have the
hearing to close the section of Bowman which would adjoin the Wood's property.
Council explained that their concern was if they opened this matter up to a
public hearing before the Highway Department plans had been approved and con-
struction started, we could end up into being forced into leaving this street
(Bowman Street) open and complicating the intersection problem. Council did
feel their intent would be to close this street, but they did not want to
create a public issue until the Highway Department had carried out their
construction plans and then the Town could close this street and use the
practicality of it no longer being needed because an improved intersection
would exist.
GWN/cr
Water and Sewer Connection Loan Consideration
March 2, 2010
Issue:
Currently the town does not have any mechanism to extend credit to a property owner
related to water and/or sewer connection charges. These charges may range from S4,000
for a single sewer connection to well over S 12,000 for both water and sewer depending
on size of water meter.
To date, these fees are paid upfront prior to any work by the town to make these
connections for both new construction and conversion from well/septic to public
water/sewer.
Recently, a homeowner is experiencing significant reduced service from their septic
system and been advised by their contractor that fixing their septic system is not an
option. Therefore, they need to connect to public sewer. Public Works has assessed the
situation and provided a quote of $6,365.00 to hook up to sanitary sewer,
Options:
A) The town can continue our current practice as pay-as-you-go and not permit any
connections without payment.
B) Consider extending loan to "qualified" account holder
I. Establish non -ability to acquire funding from another source, i.e. home equity
loan, bank loan, family/Friends
2. Extend credit including the following:
i. Principal
ii. Interest
iii. Administrative fee
iv, Loan agreement with repayment conditions:
1. Failure to pay stipulations
2. Lien on property and judgment
3. Legal fees
Town sponsored events. He explained that the account currently
has a balance of $4,000, most of which will probably not be needed
before the end of the current budget year.
Ms. Fidler moved to adopt proposed Resolution No. 1859 authorizing
the Town Manager to enter into an agreement with "Rebuilding
Together" to become a sponsor for the 2010 program, The motion
was seconded by Mr. Altice and passed unanimously on a roll call
vote.
Mr. Lawrence reported that the program does accept referrals for
anyone needing assistance in making needed home repairs.
Mr. Lawrence reported on a request by a homeowner who has
difficulties with his septic system and cannot afford to hook up to the
Town's sewer system. He noted that connection costs to the Town's
water or sewer system has to be paid before the connection is made,
Mr. Lawrence stated that it would cost the homeowner $6,300 to
connect to the Town's sewer system, and pointed out that the Town
does not have a policy for hardship cases. He added that he has
asked the homeowner to submit his request in writing.
In further discussion, the Town Manager expressed misgivings
regarding a suggestion to allow the homeowner to make installment
payments or for the Town to loan them the funds as he felt that either
of these options would be too risky due to the limited availability of
Town funds. He went on to say that it would have to be up to
Council to set a policy to allow the Town to extend credit if they wish
to do that. Mr. Lawrence commented that he felt an obligation to
pursue all options to try to help the homeowner solve his sewer
problem. Mayor Grose stressed that he did not feel comfortable
making loans with Town money but if the Town is forced to consider
it, the Town should insist that the homeowner provide proof that they
had tried to get financing for the sewer connection from other
sources. Mr. Hare asked if the Town could provide any in -kind
services to make the connection and Mr. Lawrence replied that
$2,600 of the $6,300 would be system development fees and does
not cover any of the actual labor costs,
The Town Manager reported that he understood the Health
Department would not allow the homeowner to put in a new septic
system because there is not enough land available and/or the soils
do not "percolate". After further discussion, it was the consensus of
Council that the Town cannot afford to offer a loan to the homeowner
to connect to the Town's sewer system.
Discussed issue re-
garding a connection
to Town's sewer
system by a home
owner who's septic
system is failing.
5
Water and Se-wer Connection Loan Consideration
March 2, 2010
Issue:
Currently the town does not have any mechanism to extend credit to a property owner
related to water and/or sewer connection charges. These charges rnav range from S4.000
for a single, sewer connection to well over S I 2000 for both water and sewer depending
on size of water ineter.
To date, these fees are paid upfront prior to any work by the town to make these
connections for both new construction and conversion from well/septic to public
water/sewer.
Recently, a homeowner is experiencing, significant reduced service from their septic
system and been advised by their contractor that fixing their septic system is not an
option. Therefore, they need to connect to public sewer, Public Works has assessed the
situation and provided a quote of $6,365.00 to hook up to sanitary sewer.
Options:
A) The town can continue our current practice as pay-as-you-go and not permit any
connections without payment.
B) Consider extending loan to "qualified'" account holder
1. Establish non -ability to acquire funding from another source, i.e. home equity
loan, bank loan, family/friends
2. Extend credit including the following:
i. Principal
ii, Interest
iii. Administrative fee
iv. Loan agreement with repayment conditions-.
1. Failure to pay stipulations
2. Lien on property and judgment
3. Legal fees
$Amount Roanoke City/County, Virginia
Date, 20
FOR VALUE RECEIVED, the undersigned makers (hereinafter referred to
collectively as the "Borrower") promise to pay to the Western Virginia Water Authority
(hereinafter referred to as the "Authority" or the "Noteholder") the principal sum of Amount
Written Out DOLLARS ($Amount), such principal to be payable in [thirty-six (36)] [sixty
(60)] [one hundred -twenty (120)] consecutive monthly installments of Monthlv Amount
Written Out DOLLARS ($Monthlv Amount), due on the 10th day of each month beginning
Month 10, 200 , payable to the order of the Western Virginia Water Authority, and
delivered or mailed to the Authority's Finance department, at 601 S. Jefferson Street, Suite
210, Roanoke, VA 24011. Such monthly installments shall continue until the entire
indebtedness evidenced by this note is fully paid, except that any remaining indebtedness,
if not sooner paid, shall be due and payable on Month 10, 200
If any monthly installment under this Note is not paid when due and remains unpaid
after a date specified by written notice to the Borrower, the entire principal amount
outstanding and the accrued interest thereon shall at once become due and payable at the
option of the Noteholder. The date specified shall not be less than thirty (30) days from the
date such notice is mailed. The Noteholder may exercise this option to accelerate during
any default by Borrower regardless of any prior forbearance. The Noteholder shall have
the right to collect such payments in the same manner as provided for in the collection of
water and sewer service charges, however, this shall not be the exclusive method for
collection. If suit is brought to collect this Note, the Noteholder shall be entitled to collect all
reasonable costs and expenses of suit, including, but not limited, to reasonable attorney's
fees.
Borrower shall pay to the Noteholder a late charge of ten (10%) percent of any
installment not received by the Noteholder by the due date of the bill. The late payment
penalty shall be added to the past due balance immediately following the date that said bill
was due.
Borrower may prepay the principal amount outstanding in total at any time without
penalty.
NOTICE; BORROWER COVENANTS AND AGREES THAT THE AMOUNT DUE
AND OWING BY BORROWER UNDER THE TERMS HEREINABOVE SET FORTH
SHALL BE PAID IN FULL PRIOR TO THE TRANSFER OF TITLE TO THE REAL
ESTATE FOR WHICH WATER SERVICE WAS PROVIDED, LOCATED AT THE
PROPERTY DESIGNATED BELOW, AND IF THE SAME IS NOT PAID IN FULL BY THE
DATE OF TRANSFER, NOTEHOLDER SHALL HAVE THE RIGHT TO DISCONTINUE
SERVICE AND REMOVE ALL OF ITS FACILITIES AND REQUIRE PAYMENT OF THE
FULL AMOUNT OF THE TOTAL WATER CONNECTION FEES PREVAILING AT THE
TIME, AS IF SERVICE HAD NEVER BEEN INSTALLED.
Borrower hereby expressly waives the benefit of the Homestead Exemption as to
this indebtedness. Presentment, notice of dishonor, and protest, and all defenses and
pleas on the grounds of any extension or extensions of time or payment or of the due dates
of this note, in whole or in part, before or after maturity, with or without notice, are hereby
waived by all makers, sureties, guarantors, endorsers and obligors hereof. This Note shall
be the joint and several obligation of all makers, sureties, guarantors, endorsers, and
obligors and shall be binding upon them and their successors and assigns.
Any notice to Borrower provided for in this Note shall be given by mailing such
notice by certified mail addressed to Borrower at the mailing address stated below, or to
such other address as Borrower may designate by written notice to the Noteholder. Any
notice to the Noteholder shall be given by mailing such notice by certified mail, return
receipt requested, to the Noteholder at the address specified in the first paragraph of this
Note, or at such other address as Noteholder may designate by written notice to the
Borrower.
Reference is made to a financing agreement dated Date, 200_
between the Noteholder and Borrower, which sets forth the purpose of this indebtedness,
said agreement being hereby incorporated by reference hereto and made a part hereof.
Page 2 of 3
WITNESS the following signatures and seals:
XOTIMORT-Mr1r. IMM
I
Commonwealth of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day
of , 200_, by Borrower's names}.
Notary Public
My commission expires:
Commonwealth of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day
,*f , 200• Borrower's name(s).
My commission expires:
Notary Public
Page 3 of 3
Prepared By:
Glenn, Feldmann, Darby & Coodlatte
P. 0. Box 2887
Roanoke. Virginia 24001
Tax Map Number:
Consideration: $
THIS DEED OF TRUST, made the _ day of 20 among
NAME I and NAME 2 whether one or more,
hereinafter sometimes designated as "Grantor;" HARWELL M. DARBY. JR. and
SAMUEL F. VANCE, IV whose business address is 210 First Street, S.W., Suite 200,
Roanoke, Virginia 24011, both of Roanoke, Virginia, Trustees, hereinafter sometimes
designated as "Trustee" or "Trustees;" and the WESTERN VIRGINIA WATER
AUTHORITY, hereinafter described and secured, in that certain Customer Financing
Agreement or any renewals or extensions thereof, in whole or in part, hereinafter
sometimes designated as "Beneficiary."
WITNESSETH:
The Grantor hereby grants and conveys unto the Trustees, with covenants of
General Warranty of Title and English Covenants of Title, the following described real
estate, with all appurtenances thcreunto belonging, lying and being in the City of
Roanoke, Commonwealth of Virginia, and more particularly described as follows:
SEE ATTACHED SCHEDULE A FOR DESCRIPTION
Together with all buildings, improvements, fixtures, and appurtenances now or
hereafter erected thereon, including all apparatus, equipment, fixtures, or articles, whether
in single units or centrally controlled, used to supply heat, gas, air conditioning, water,
light, power, refrigeration and ventilation to said real property and together with all
screens, window shades, storm doors and windows, screen doors, awnings, stoves and
water heaters from time to time on the said real property, including substitutions and
replacements (all of which, together with said real property, are hereinafter referred to as
"Property").
IN TRUST TO SECURE to the Beneficiary the payment of an indebtedness
evidenced by one certain negotiable promissory note of even date herewith ("Note") made
by NAME... I and NAME 2 and payable to
the Western Virginia Water Authority, its successors and assigns, whose mailing address
is 601 South Jefferson Street, Suite 210, Roanoke, Virginia 24011, in the original
principal amount of [Amount and No1100 Dollars ($XX,XXX.00)3, with interest thereon
as provided in the Note and with the balance of the indebtedness, if not sooner paid, due
and payable on , 20
And further to secure the payment of the Note, and the collection and attorneys'
fees provided therein, and to assure the observance and performance of all other
covenants, conditions and obligations hereof, the Grantor hereby assigns and transfers to
the Trustees all rents from time to time due and payable under leases or other rental
agreements now or hereafter existing with respect to the Property or any part thereof,
including any guarantees of such leases or other rental agreements, and Grantor will upon
request execute and cause to be recorded supplemental assignments of any specific leases
on the Property. In the event of default hereunder the Trustees are fully authorized and
empowered in the discretion of the Beneficiary to apply for and collect and receive all
such rents and enforce such guarantee or guarantees; and all money so collected shall be
applied to the indebtedness and obligations hereby secured, after first deducting therefrom
such reasonable costs and expenses as may be incurred in the collection of said rents. In
the event of default hereunder the Trustees are authorized and empowered to enter upon
the Property and to lease it in whole or in part to such person or persons for such purposes
and upon such terms as the Trustees may in their sole discretion decide upon.
Neither any course of dealing by the Trustees or the Beneficiary nor any failure or
delay by them to exercise any right, power or privilege hereunder shall operate as a
waiver of such right, power or privilege; nor shall any single or partial exercise of any
right, power or privilege preclude any other or further exercise thereof or the exercise of
any other right, power or privilege.
This Deed of Trust shall be construed to impose and confer upon the parties hereto
all duties, rights, and obligations prescribed in Sections 55-59 through 55-60, inclusive,
of the Code of Virginia (1950), as amended to date, in like manner as if the same were
expressly set forth herein, except so far as may be herein otherwise provided; and the
following provisions of said Sections are hereby incorporated in and made a part of this
Deed of Trust in the respective short forms, with the full meaning and intent as expressed
and set forth therein; namely:
(a) "Deferred purchase money."
(b) "Exemptions waived."
(c) "Subject to all upon default."
2
(d) "Renewal, extension, or reinstatement permitted."
(e) "Insurance required:" An amount equal to the principal sum herein
secured, plus the sum secured by all liens, if any, senior in priority to this Deed of
Trust.
(f) "Advertisement required:" Once a week for three successive weeks in The
Roanoke Times or some newspaper having general circulation in the county or
city in which the Property lies, and the Trustees may sell the Property or any part
thereof on the 15th day after the first advertisement or any day thereafter.
(g) "Any Trustee may act."
(h) "Substitution of Trustee permitted at the discretion of the Beneficiary, for
any reason whatsoever."
The right is reserved to prepay the Note, in whole at any time without penalty, in
accordance with the provisions of the Note.
The Grantor expressly covenants to keep the Property in tenantable condition and
in as good condition and repair as it now is, and the said Trustees are hereby constituted
the sole and exclusive judges of the provisions of this covenant to keep the Property in
tenantable condition and in good condition and repair, and their decision with regard
thereto shall be final and binding.
The Grantor hereby assigns to the Trustees the proceeds of any award or claim for
damages, direct or consequential, in connection with any condemnation or other taking of
the Property or part thereof, or for conveyance in lieu of condemnation, and at the option
of the Beneficiary the proceeds shall be paid to the Beneficiary for application to the
indebtedness and obligations hereby secured after first deducting from the proceeds such
reasonable costs and expenses as may be incurred in the collection of the proceeds.
The Grantor covenants and agrees to perform well and faithfully all covenants and
duties under any one or more deeds of trust from time to time senior in priority to this
Deed of Trust, and at the option of the Noteholder, an event of default under any such
senior deed of trust shall constitute a default hereunder.
All covenants and agreements of the Grantor herein contained shall extend to and
bind Grantor's heirs, devisees, assigns, or other successors in interest.
NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL
OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR,
CONVEYANCE OF THE PROPERTY CONVEYED.
N
WITNESS the following sigmatures and seals.
GRANTORS:
{NAME I I
(SEAL)
(NAME 211
COMMONWEALTH OF
COUNTY/CITY OF to wit:
The foregoing instrument was acknowledged before me this day of
,20_, by NAME. I , Grantor.
Notary Public
My Commission Expires:
COMMONWEALTH OF
COUNTY/CITY OF to wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by NAME 2 , Grantor.
Notary Public
My Commission Expires-
M
Account Number:
Location Number:
Account Name:
Mail Address:
Location Address:
LOAN DATA
Loan amount: $6,500.00
Annual interest rate: 8.00%
Term in years: 2
Payments per year: 12
First payment due: 5/10/20 10
PERIODIC PAYMENT
Entered payment:
Calculated payment: $293.98
CALCULATIONS
Use payment of: $293.98
1 st payment in table: I
Amortization •
77�
TABLE DATA
Table starts at date:
or at payment number: 1
The table uses the calculated periodic payment amount,
unless you enter a value for "Entered payment."
Beginning balance at payment 1: $6,500.00
Cumulative interest prior to payment 1: $0.00
Payment
Beginning
Ending
No.
Date
Balance
Interest
Principal
Balance
1
5/10/2010
6,500,00
43.3.3
250.64
6.249.36
2
6/10/2010
6,249.36
41.66
252-32
5,997.04
3
7/10/20 10
5,997.04
39.98
254.00
5,743.04
4
811012010
5.743.04
38.29
255.69
5,487.35
5
9/10/2010
5,487.35
36-58
257.40
5,229.()6
6
10/10/2010
5.229.96
34.87
259.11
4,970.85
7
11/10/2010
4,970.85
33.14
260,84
4.710.01
8
12110/2010
4,710.01
31,40
262.58
4,447.43
9
1/10/2011
4,447.43
29.65
264.33
4.183.10
10
2/10/2011
4,183.10
27.89
266.09
3,917.01
11
3/10/2011
3.917.01
26.11
267.86
3,649.15
12
4/10/2011
3,649.15
24.33
269.65
3,379.50
13
511012011
3,379,50
22.53
271.45
3,108.05
14
6/10/2011
31108.05
20,72
27126
2,834.80
15
7/10/2011
2,834.80
18.90
275.08
2,559.72
16
8110/2011
2,559,72
17.06
276.91
2,282.80
17
9/10/2011
2,282.80
15.22
278,76
2,004.05
i8
10/10/2011
2.004.05
1136
290.62
1,723.43
191
1111012011
1,723.43
11 A9
282.49
1,440.94
20
12/10/2011
1,440.94
9.61
284.37
1.156.57
21
1/10/2012
1,156.57
T 71
286.27
870.30
22
2/10/2012
87030
5,80
288,18
582.13
23
3/1012012
582.13
3.88
290.10
292.03
24
4/10/2012
292.03
1.95
292.03
0.00
Cumulative
Interest
43.33
85,00
124.98
163,26
199.85
234.71
267.85
299,25
328.90
356.79
382.90
407.23
429.76
450.48
469.38
486.44
501.66
515.02
526.51
536.12
543,83
549,63
553.51
555.46
#VALUE!
#VALUE!
#VALUE!
Date
Paid
Amortization Table
No.
Payment Beginning
Date Balance Interest Principal
555.46 1 6.500,00
Ending
Balance
Cumulative
Interest
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
WALUE!
WALUE!
#VALUE!
#VALUE!
Date
Paid
A4 �,
Western Virginia Water Authority
Customer Financing Agreement
This Agreement, made and entered into this day of
, 200_, by and between Owner Name(s) (hereinafter referred to collectively as the
"Owner") and the Western Virginia Water Authority (hereinafter referred to as the
"Authority")
WITNESSETH
Pursuant to the Authority's Rules and Regulations, Authority agrees to finance
any portion of the Owner's Connection Fee, and/or Availability Fee, and/or Extension
Cost, in (thirty-six (36A [sixtj (60)1 rone hundred -twenty (f 2OU monthly installments,
subject to the following terms and conditions.
By the execution of this Agreement, the Owner hereby contracts with the
Authority to make payments for the fees stated in section 2 below.
NOW, THEREFORE, in consideration of the Authority constructing a [water]
[sewer] line to serve the Owner's property, and other good and valuable consideration,
the receipt of which is hereby acknowledged, the Owner and the Authority, as
evidenced by the following terms and conditions of this Agreement, agree as follows:
1. The Owner is the owner of that certain tract or parcel of real estate
F. a LTJ Me 01
2. The owner agrees to pay the Authority the following fees:
Water Connection Fee
Sewer Connection Fee
Water Availability Fee
Sewer Availability Fee
Water Line Extension Cost
Sewer Line Extension Cost
Processing Fee
Total Fees Due:
Down payment
Total to be financed
The Authority agrees to finance and the owner agrees to pay the principal
amount of $ and interest at 8.00%** in the amount of $
for a total payment amount of $ . Owner agrees to, pay the
Authority this fee in equal monthly installments of $ per
month.
* Reduction in Availability Fees are subject to restrictions in Availability Letter,
Customer Finance Agreement 1 of 4 Rev. 6/26/009
** Interest will accrue monthly on the unpaid balance.
3. If the Owner fails to keep this utility account current, the Authority shall
have the right to collect such delinquent payments in the same manner as provided for
collection of water and sewer service charges together with other means as set out in
the Rules and Regulations of the Authority and the applicable provisions of the Code of
Virginia (1950), as amended. Any utility services bill which has not been paid by the
due date of the bill, resulting in a past due balance, shall be subject to a late payment
penalty of ten percent (10%) of the amount of the bill. The late payment penalty shall
be added to the past due balance immediately following the date that said bill was due.
The Authority shall be authorized to disconnect utility services if the Owner fails to make
full payment of all past due balances and the aforesaid penalties, on or before the
fifteenth (1 5th) day of the month following the due date. Payment of all past due
balances, the late payment penalties, the disconnection fee, the reconnection fee, the
deposit (if applicable), and any other charges or fees shall be made prior to service
being restored to the premises or initiated at any other location within the Authority's
service area.
4. The Owner agrees to execute a Promissory Note further evidencing this
installment debt.
5. The Owner agrees to execute a Deed of Trust or other instrument as may
be required by the Authority (hereinafter, the "lien instrument"); the lien instrument shall
be recorded in the Office of the Clerk of the Circuit Court of ['Roanoke Citv1
fRoanokelfBototourtlrBedfordi rCountv]. The lien instrument shall secure the repayment
of the Promissory Note by the Owner to the Authority and shall be a lien against the
property of the Owner. The Owner also agrees to pay the Authority a Processing Fee to
cover document preparation, current -owner title search, clerk's fees or recordation
costs, etc.
6. The fwaterl fsewerl Connection Fee(s) shall include a connection to the
public rwaterl rsewerl main located within a public road right-of-way or a public
easement adjacent to the edge of the property. The private portion of the [water
servicel (sewer laterall from said right-of-way or easement to the owner's building, is the
responsibility of the Owner as well as any required plumbing permits.
7. This Agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Virginia. Any legal action enforcing the terms and
Customer Finance Agreement 2 of 4 Rev. 6/26/009
provisions of this Agreement or the obligations arising hereunder shall be brought in the
applicable Virginia circuit court having jurisdiction over said legal action. WITNESS the
following signatures and seals:
191war: U_
Owner's name
Owner's name
Commonwealth of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
,200—, by Owner's Name, Owner,
I
Big Z MIOM
My commission expires:
Commonwealth of Virginia,
County of Roanoke, to -wit:
The foregoing instrument was acknowledged before me this day of
,200_, by Owner's Name, Owner.
Z rolm, Z F00 M,
My commission expires:
Customer Finance Agreement 3 of 4 Rev. 6/26/009
WESTERN VIRGINIA WATER AUTHORITY
OE
Bruce Grant, Director of Finance
Approved as to form and execution:
Samuel F. Vance IV
Attorney at Law
Commonwealth of Virginia,
[City] [County] of [Roanoke], to -wit:
The foregoing instrument was acknowledged before me this day of
, 200_, by Bruce Grant, Director of Finance for the
Western Virginia Water Authority.
Notary Public
3
Customer Finance Agreement 4 of 4 Rev. 6/26/009
To:
From:
Date:
Subject:
311 South Pollard Street
VINTON, VIRGINIA 24179
PHONE (540) 983-0607
FAX (540) 983-0626
Town Council
Christopher S. Lawrence, Town Manager
May 14, 2010
Town Entrance Sign Project Proposal
Christopher S. Lawrence
Town Manager
The town entrance signs have been identified in the Corridor Plan as a priority project to
make a marked improvement to the image of the Town, Over 30,000 vehicles travel
through town each day and it is important to clearly identify and project a positive image.
The town has also received a number of comments from residents and businesses about
how unattractive the condition of these entrance signs have become.
As proposed, we plan to refurbish the existing entrance signs and improve the
landscaping around these signs. Many of the bushes have become overgrown and need
significant pruning. We will continue to work with our contractor to plant flowers in the
mulch beds at these signs. The cost of the sign restoration is expected to be less than
$5,000, therefore, the town will get quotes rather than put out a formal bid, The
remaining funding will be used to improve the landscaping, make minor repairs to the
sign structures, and construct a sign base for a new sign on Hardy Road.
The funding source is the interest from the Flower Fund, This fund was established as a
donation and intended to be used for beautification of the town. As proposed, the interest
amount of $6,684.65 will be allocated to fund the sign improvements for a total of 4
entrance signs.
The following signs will be restored:
Virginia Ave entrance sign adjacent to PFG
Gus Nick Blvd entrance sign adjacent to RCCC
Washington Ave entrance sign on Rt. 24
Hardy Road entrance sign (reinstall sign which was removed during road widening)
The following signs will not be restored:
Walnut Avenue entrance sign (current condition is GOOD)
Wayfinding signs on Washington and Virginia (proposal is to remove them completely)
RESOLUTION NO. 1872
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MAY 18, 2010 AT 7:00 PN,I IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Vinton To-vvn Council recognizes the importance of the appearance of the
entrances to selling the tone for the vibrant quality oflife in the Town; and,
WHEREAS, the Town of Vinton -is working on an economic development program and
downtown revitalization effort, and,
WHEREAS, the restoration and refurbishing of the exiting wooden signs will enhance the beauty
of the entrances to Town and restore the look to a refreshed, brighter and cleaner
look as you enter our Town: and,
WHEREAS, the use of' the interest in the Flower Fund will facilitate the restoration and
refurbishing of these entrance signs.
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby grant to
the General Fund an additional appropriation in addition to the annual budgetary appropriation
f'or the fiscal year ending June 30, 2010 for the function and in the amounts as follows
To:
8150 Economic Development
200-8150-722 Special Projects S6,684.65
From:
Revenue Account:
200-1899-001 Miscellaneous Revenue S6,684.65
These additional funds are being provided firorn the interest in the flower fund and have been
transferred to the General Fund. The interest is being used to restore and refurbish the entrance
signs to Town.
Motion made by
AYES:
NAYS:
. and seconded by , with the following votes recorded.
Change in Use Incentive Grant Program Guidelines
(Existing Single Family Structures to Commercial Structures)
Purpose/Scope
To offset increased costs related to a change in use of an existing residential
structure from residential to commercial use.
0 To encourage facility improvements throughout the County and the Town of
Vinton which will enhance property values and increase revenues from real estate,
business personal property and business license taxes generated by the
improvements and/or change in use of the property.
• To facilitate and encourage new business growth and expansions within the Town
and County.
Proc-rram Requirements
A minimum investment of $ 10.000 in existing facility upgrades and/or
renovations, including engineering fees associated with the project. Permit fees
are also considered to be an allowable cost included in the improvement
calculation.
Grant requests must be submitted in writing to the Town of Vinton or the
Roanoke County Office of Economic Development within one year from the date
the improvements are completed and a final certificate of occupancy is issued.
Requests submitted qfler that time i011 not be accepted. In CICIdition, the grant
request must be tied to the establishment of a business with ci respeclNe Business
License qpIn-oi,,(d (BPOL) and occupancy of such business.
Documentation of eligible expenditures shall be provided to the County along
with verification of` the change in use of the property from residential to
commercial,
0 Grants are made available on a one-time basis to any specific property/address.
One groat may be proviclecl per siliglefiamily Stl'11010'e (117d only the initial
coni,,ersion i,vill be eligible.for the grcint reimbursement.
Proposed tneentives
• An incentive grant equal to 30% of eligible renovation costs will be awarded to
projects with arninimum investment of $10,000 in deielolmient expenses. The
maximurn gr
ant allowable is $5,000.
'- -'. ,, - --- .."e, _. I It IC I t(:;CjM I Ut:,-
partment and the fire department. Owners
are advised to check with each of these
agencies before proceeding with their pro-
ject.
Where do I find information regarding the
building evaluation and change of use?
The Virginia Uniform Statewide Building
Code references the 2006 International
Building Code. Chapter 34 of the IBC con-
tains the information regarding code com-
pliance for existing buildings and the meth-
ods used to evaluate a building for a
change of use. The 2006 International Ex-
isting Building Code also provides an alter-
native for compliance. Copies of the codes
are available at all local library branches or
may be ordered form the International
Code Council (800-786-4452)
COMMUnity Development
5204 Bernard Drive
P. 0, Box 29800
Roanoke, VA 24018
Phone: 540-772-2065
Pax: 540-772-2108
www.roanokecountyva.gov
J_',NqT1' .20
REQUIREMENTS
CHANGE OF USE
OF AN EXISTING
BUILDING
This pamphlet is to provide help in explaining
the necessary building code requirements
that must be met when converting an existing
building to a use other than that for which it
was originally constructed.
What is a Change of Use?
The Virginia Uniform Statewide Building Code
(USBC) designates every building according
to its intended use. The uses are divided into
specific categories based on several factors
includingfire hazard, number of persons and
general public safety. Therefore, a building
that is considered perfectly safe as a resi-
dence may not meet the minimum safety re-
quirements for use as a public building. This
can be attributed to the higher number of
persons occupying a public building as well
as storage and use of materials and equip-
ment that pose a greater risk of fire than
what is normally found in a residence.
What code reauirements must be met when
changing the occupancy of a building?
Building codes in Virginia are not retroactive
in most situations. Buildings are required to
be maintained under the code that was in
effect at the time of original construction.
This remains true as long as the building is
used for its original purpose. However, a
change in the use of the building at a later
time subjects the building to the require-
ments of the current edition of the building
code. The code gives the owner several alter-
natives for achieving code compliance. The
owner may apply the complete current code
to the building just as if it were being con-
structed in the present day.
Alternatively, the code has a specific chapter
(34) which can be used to evaluate an existing
building and determine what, if any, improve-
ments are required. The 2006 edition of
the USBC also allows the owner to utilize the
2006 International Existing Building Code as an-
other alternative. The determination of which
method to use is chosen by the owner. Potential
building owners are advised to seek assistance
from someone familiar with the codes, such as
an architect or knowledgeable contractor, to de-
termine which approach best suits their given
situation.
The building is also required to have a structural
evaluation to determine if the building is struc-
turally adequate for the proposed use. Because
every building is different, it is impossible to pre-
pare a list of required changes that would apply
in all situations. The only exception to this is the
requirement for access for disabled persons. All
buildings or portions of buildings undergoing a
change of use are required to be made accessi-
ble per current code requirements. Most build-
ings undergoing a change of use will require an
accessible parking space, an accessible route
form the parking space to the building and an
accessible building entrance- Please note that
compliance with local building codes does not
relieve a building owner from compliance with
federal accessibility regulations.
Will the building inspector visit the building and
-let me know what changes will be reouired?
Building inspectors and other code enforcement
personnel may not perform design services. This
is a matter of both policy and law. Design of
buildings and structures is required to be per-
formed by licensed design professionals such as
engineers and architects. State law also re-
quires specific types of buildings to be de-
signed by a licensed professional. You may
refer to our handout on professional licensing
to determine if a licensed architect or engi-
neer is required for your particular project.
Who must perform the evaluation of the
building?
The building code requires that the owner
cause the building to be evaluated for both
structural adequacy and code compliance.
The structural evaluation must be performed
and by a registered professional engineer.
The code compliance evaluation should also
be performed by a design professional such
as an engineer or architect or someone famil-
iar with constructions methods and terminol-
ogy. Once these evaluations are performed,
they are submitted to the building depart-
ment for approval. Once approved, a building
permit can be issued, allowing the work to
proceed.
,If no alterations are needed, is a building
oermit still reouired?
The process of changing the use of a building
considered to be an alteration. Even though
no actual work may be involved, the code re-
quires a permit to be issued to allow the
change of use to proceed. A new Certificate
of Occupancy is also required before occupy-
ingthe building under its new use.
Other Agencies
There are other agencies that may have regu-
lations affecting a building that is proposed