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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 2 w A 'l— iu -1-7r, e. L its i�Ail,15� I f4 iJ 104 nVAPS lost culaw Ey ROMM-1, '12R, 17F -4:w O4!arno4v non byty Ono" r6r, -,:I 44� tj LCTIM Ir 4n A e U 45 tAr PON,. Oda ezf 1c) Yoe, I Q) N �DRN: JLN CHK: TM. J60.16-5-4 TM. J60-16-5-5 51.46' GRAPHIC SCALE 15 m 60 ( IN FEET ) I inch = 30 ft. 'v �y T.M. J60-16-5-8-01 M. T. M. T� 1W 60.16-5-6 60.16-5-7 Rr N72*41'10"W 86.96' Ilk T M. 1!60.16-5-8 dEx. 43.79' RK N-IL ---------------- OUND $3 1V72*4110W 44.76 N72'4110'W 81.64' A172*4 —J6, WASHING TON A VEN 120 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