City Council

The “New River ” City 10 Robertson St. February 11 , 2013 Radford, Virginia Meeting Number 13 of Radford City Council, F.Y. 2012-2013 The regular meeting of the Radford City Council was convened at 7:00 p.m. in Council Chambers, 10 Robertson Street, Radford, VA. The Mayor of the City, Dr. Bruce Brown, was present and presiding. Other members of City Council present were Mr. Cox, Dr. Richard Harshberger, Mr. Keith Marshall, and Mr. Robert Nicholson III. Others present were as follows: Mr. David Ridpath, City Manager Ms. Melissa Skelton, City Clerk Mr. Donald Goodman, Chief of Police Mrs. Gail Cook-DeVilbiss, City Attorney Mr. James Hurt, City Following the Pledge of Allegiance, led by Mr. Nick Nicholson, the invocation was pronounced by Chaplin Jim Hanagar. MINUTES APPROVAL: On a motion by Dr. Harshberger, seconded by Mr. Cox that the minutes of January 28, 2013 were approved as presented. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 PUBLIC HEARING SUBJECT: Vacation of Right-of-ways and public utility easements – Radford University. SUMMARY: Radford University has requested the vacation of several right-of-ways adjacent to the Hulbert Student Center and the old Downey Street right-of-way, as well as several utility easements in the area of the New College of Business and Economic, adjacent to Jefferson Street. Mr. Hurt, City Engineer provided an overview to City Council along with members of the audience, the area’s in which the request is being made. Mayor Brown opened the public hearing at 7:05. Mayor Brown closed the public hearing at 7:05. Clerks note: Notice of the public hearing was duly advertised. SUBJECT: Appoint Board of Viewers for vacation of right-of-ways SUMMARY: Appointment of Board of Viewers is necessary to review the request and advise Council for the findings and recommendations. Mayor Brown commented that he spoke with Ed Cox, a former council member, along with Pat Fluke to see if they were interested in serving on the Board of Viewers and both shared an interest. Mr. Nicholson asked Reverend McCandlish, who was present at meeting, if he would be interested in being a part of the Board of Viewers. Rev. McCandlish responded that he would be interested. Dr. Harshberger asked if Rob Gropman, who also was present at meeting, if he had an interested in serving. Mr. Gropman responded that he was interested but asked if his appointment to City/University joint committee posed a conflict. Mrs. Gail Cook-DeVilbiss stated that it would pose a conflict. ACTION: Mr. Nicholson made a motion to appoint Pat Fluke, John McCandlish and Ed Cox to the Board of Viewers, Dr. Harshberger seconded the motion. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 RESOLUTIONS: SUBJECT: Transit Grant renewal application for FY 2014 SUMMARY: Each year the City applies for grant dollars from State and Federal Aid. The City has requested $1,563,640 in grant assistance for the F.Y 2014 to support operations and capital expenditures. Approval of resolution by City Council is required to formally “renew” our support of the application and request for funding consideration from DRPT. City of Radford Resolution Authorizing the Renewal of the Application for State Aid to Public Transportation and Authorization of Certifications and Assurance for Federal Transit Administration Assistance Programs WHEREAS, the City of Radford is currently the recipient of a grant with the Department of Rail and Public Transportation, Commonwealth of Virginia, which assists with the expenses and operations of the Radford Transit public transportation system; and WHEREAS, the City of Radford desires to renew a grant application with the Department of Rail and Public Transportation, Commonwealth of Virginia, to request financial assistance for the next fiscal year, and to apply for such additional grant funding that may be available for each category of grant application, including but not limited to formula assistance, capital assistance, demonstration grants, or for such other state and federal financial assistance the City may be eligible for or which may be available for the operation of the Radford Transit public transportation system; and WHEREAS, in addition and as a condition of receiving any grant funding, the Department of Rail and Public Transportation, Commonwealth of Virginia supplies and requires a Certification Packet from the City for the Federal Fiscal Year 2014, which are due on or before February 1, 2013, and which Certification Packet includes certain required certifications and assurances by the City, for the City Manager and City Attorney to execute, which includes all of the required Federal Fiscal Year 2014 Certifications and Assurances for Federal Transit Administration Assistance Programs, and which is required to be submitted as a condition for receipt of any grant funding or financial assistance as a part of the public transportation grant renewal or issuance of funds unto the City; and WHEREAS, the City Council desires to apply for continued and additional financial assistance for the operation of the Radford Transit public transportation system and to authorize the filing and/or renew of grant applications for public transportation funding for the next City fiscal year 2013 - 2014, and further desires to authorize the execution of and the filing of the documents set forth in the Certification Packet for the City, including all of the required Federal Fiscal Year 2014 Certifications and Assurances for Federal Transit Administration Assistance Programs, as required to be submitted as a condition of any public transportation grant renewal or issuance of funds for financial assistance; and  NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Radford, Virginia, that the City Manager, City Attorney, and/or the City Engineer, any one of whom may act, are authorized, for and on behalf of the City of Radford, Virginia, hereinafter referred to as the “City”, to execute and file the grant applications for the City to the Department of Rail and Public Transportation (DRPT), Commonwealth of Virginia, hereafter referred to as the “DRPT”, for the grant of financial assistance to defray the costs borne by the City for public transportation purposes and to accept from the DRPT grants in such amounts as may be awarded, and to authorize the City Manager, City Attorney, and/or City Engineer, any of whom may act, to furnish to the DRPT such documents and other information as may be required for processing the grant request or the renewal thereof, for financial assistance, including any request for additional funding to which the City may be qualified to receive as a grant recipient providing public transportation from the Commonwealth of Virginia or the United States Federal Government; and The City Council of the City of Radford, Virginia, further authorizes the City Manager, City Attorney, and/or the City Engineer, any one of whom may act, to apply for continued and additional financial assistance for the City in the operation of the Radford Transit public transportation system and to renew the grant application for funding for the next fiscal year, and further authorizes the execution of and the filing of the documents set forth in the Certification Packet for the City, including, but not limited to all of the required Federal Fiscal Year 2014 Certifications and Assurances for Federal Transit Administration Assistance Programs, as required to be submitted as a condition of any public transportation grant renewal or issuance of funds for financial assistance; and The Radford City Council certifies that the funds shall be used in accordance with the requirements of Section 58.1-638.A.4 of the Code of Virginia, that the City will be required to ensure that local matching funds will be available for all applications recommended by DRPT for funding, which local matching fund amounts will be determined at a later date based on the recommendations of DRPT for grant approval to each recipient, and which City funds would be used to match the state funds in the ratio as required in such Act, that the records of receipts of expenditures of funds granted the City may be subject to audit by the DRPT and by the State Auditor of Public Accounts, and that any funds granted to the City for defraying the expenses of the City shall be used only for such purposes as authorized in the Code of Virginia. __________________________________ Dr. Bruce Brown, Mayor ATTEST: _______________________________ Melissa A. Skelton, City Clerk Adopted: February 11, 2013 ACTION: Mr. Nicholson made a motion to approve the resolution as presented and authorizes the Mayor to sign and Ms. Skelton to attest, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 SUBJECT: Certified Crime Prevention Community SUMMARY: The VA Department of Criminal Justice Services offers a program to localities that recognizes community safety initiatives and crime prevention efforts. To be eligible to participate in the program, a resolution endorsed by the local governing body is required. ACTION: Mr. Cox made a motion to approve the resolution as presented and authorizes the Mayor to sign and Ms. Skelton to attest, seconded by Mr. Marshall.  RESOLUTION OF PARTICIPATION WHEREAS, The governing body of the City of Radford is interested in the safety and security of its citizenry and the community at large; and, WHEREAS, The governing body is prepared to support appropriate efforts within the community to become totally prepared to promote crime prevention and community safety; and, WHEREAS, The Department of Criminal Justice Services offers a program which is specifically designed to recognize Virginia communities committed to crime prevention and community safety while providing a framework for those communities to institutionalize crime prevention at the local level; and, WHEREAS, This program is entitled the Certified Crime Prevention Community Program, NOW THEREFORE, BE IT RESOLVED by the City Council That our community, The City of Radford wishes to participate in the Certified Crime Prevention Community Program, and that the leadership of this community fully supports all reasonable efforts to meet the DCJS requirements to become designated as a Certified Crime Prevention Community; and BE IT FURTHER RESOLVED, that the program requires the existence or formation of a local community crime prevention/community safety council or coalition, and this governing body designates the City Police Department as representing our community for the purpose or participating in this program. This resolution is in full effect upon its adoption this 11th day of February, 2013 __________________________________ SEAL: Official __________________________________ Title __________________________________ Attest __________________________________ Title VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 SUBJECT: Local Declaration of Emergency for Winter Storm Magnus SUMMARY: The City received significant impact from winter storm Magnus on January 30 and 31st. The storm caused flash flooding of the New River and Connelly’s Run, causing damage to public and private property. The City Manager declared a “State of Emergency on January 31, 2013. City Council ratification of the emergency is required. Appendix 10 – Local Declaration of Emergency Consent to Director of Emergency Management’s DECLARATION OF EMERGENCY WHEREAS, the City of Radford City Council does hereby find: 1. That due to Storm Magnus, City of Radford is facing dangerous conditions; 2. That due to Storm Magnus, conditions of extreme peril to life and property necessitates the proclamation of the existence of an emergency; 3. The Director of Emergency Management has declared a local emergency.  NOW THEREFORE, IT IS HEREBY PROCLAIMED that the City of Radford City Council consents to the declaration of emergency by the Director of Emergency Management and the emergency now exists throughout City of Radford; and IT IS FURTHER PROCLAIMED AND ORDERED that the City of Radford Emergency Operations Plan is now in effect. City of Radford City Council Motion: Mr. Marshall Second: Mr. Nicholson Recorded Vote: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: none ______________________________ Bruce Brown, Mayor ATTEST:________________________________________________ Clerk, City of Radford City Council Adopted this 11th day of February, 2013 ACTION: Mr. Marshall made a motion to approve the resolution as presented and authorizes the Mayor to sign and Ms. Skelton to attest, seconded by Mr. Nicholson. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 REPORTS SUBJECT: Radford Tourism SUMMARY: Mrs. Cooney, Tourism Director and Linda Bernick, Chairperson of the Tourism Board shared with Council that they are in the process of completing their strategic plan. One primary item that the board is interested in seeing that an Assistant Director be hired to help Deb Cooney with all the work she does. She also asked if Council would help with an Assistant Director along with an appointee to their Board from the sports arena, since this brings in a large amount of tourism. SUBJECT: Regional Childcare Initiative SUMMARY: A group of interested citizens, childcare providers and business leaders have been meeting to plan and evaluate avenues for affordable and comprehensive childcare. David Moore, Regional coordinator of Smart Beginnings made a presentation on this effort. OLD BUSINESS SUBJECT: Ordinance 1646 – 905 Tyler Avenue, LLC SUMMARY: 905 Tyler Avenue, LLC, a division of the Radford University Foundation, has requested a Special Use Permit for property they have acquired at 905 Tyler Avenue. The Foundation plans to operate on “educational facility” and offices in the existing structure. The property is zoned R-1, “single family residential” and requires a Special Use Permit for this use. A Public Hearing was held on January 28, 2013. There were no objections; however the Foundation proffered condition which needed to be incorporated into the final ordinance. ACTION: Mr. Nicholson made a motion to approve Ordinance # 1646 and place it on its first reading, seconded Dr. Harshberger. VOTE: Mr. Cox Yes Dr. Harshberger Yes Mr. Marshall Yes Mr. Nicholson Yes Mayor Brown Yes ACTION: Mr. Cox made a motion to dispense with the second and final reading, seconded by Mr. Nicholson. VOTE: Mr. Cox Yes Dr. Harshberger Yes Mr. Marshall Yes Mr. Nicholson Yes Mayor Brown Yes CITIZEN COMMENTS: No comments NEW BUSINESS SUBJECT: Appropriation Ordinance 1634.21: $50,000 for Brownfield Restoration. SUMMARY: The Virginia Resource Authority has awarded the City of Radford a $50,000 grant from its Brownfield Restoration and Economic Development Program. The funds will be used to evaluate the environmental conditions and clean-up cost of the 50+ acre site formerly occupied by the old foundry operation. The property is bounded by West Main Street, the New River, Bolling Street and the Grede Foundry. The funds will be used for the environmental assessment by an engineering contractor, legal services and surveying. ACTION: Mr. Cox made a motion, seconded by Mr. Marshall, to place Appropriation Ordinance 1634.21: $50,000 on its first reading. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 ACTION: Mr. Cox made a motion, seconded by Mr. Marshall, to dispense with the second and final reading. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 SUBJECT: Appropriation Ordinance 1634.22: $5,930,406 for Second Avenue Improvement. SUMMARY: The improvements to Second Avenue and Park Road from George Street to Sixth Street will begin in March, 2013. The contractor, Fielder’s Choice, will perform the work associated with the project which will include roadway improvements, stormwater detention, waterline replacement, lighting upgrades, bikeway/walkway enhancements and landscaping. The project has funding from several sources that include VDOT Revenue Sharing, Safe Routes to School and the proceeds from our bond issue. The $5,930,406 is new funding and therefore requires appropriation for expenditures. ACTION: Mr. Cox made a motion, seconded by Mr. Nicholson, to place Appropriation Ordinance 1634.22: $5,930,406 on its first reading. VOTE: Mr. Cox Yes Dr. Harshberger Yes Mr. Marshall No Mr. Nicholson Yes Mayor Brown Yes ACTION: Mr. Cox made a motion, seconded by Mr. Nicholson, to dispense with the second and final reading. VOTE: Mr. Cox Yes Dr. Harshberger Yes Mr. Marshall No Mr. Nicholson Yes Mayor Brown Yes SUBJECT: Request a joint public hearing to receive comments to consider a special use permit request from Pregnancy Resource Center. SUMMARY: The Pregnancy Resource Center of the New River Valley has requested a Special Use Permit to operate a “medical clinic” at 1016 Fairfax Street. The property is owned by the Catholic Diocese of Richmond and is zoned R-4, multi-family residential. A Special Use Permit is required to operate a “clinic” in the multi-family district. ACTION: Dr. Harshberger made a motion to schedule a joint public hearing at their February 25, 2013 meeting, Mr. Marshall seconded the motion. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 CITY MANAGER’S COMMENTS: Mr. Ridpath stated that we need to revisit the appointment to the Board of Viewers. A Chair needs to be appointed and need to formally establish a pay not to exceed $50 according to code. Dr. Harshberger recommended that Pat Fluke head the chair. Mayor Brown shared that it would be you’re responsible to get all people together. Mr. Nicholson added that Mr. Hurt will be working with you and providing your charge as the Board. Pat Fluke kindly declined. Mayor Brown recommended Mr. Cox to chair the committee. Dr. Harshberger shared that he believes they should be paid the maximum of $50. Mrs. DeVilbiss commented that there are actually 2 applications and the same board will act on both. Mayor Brown asked for a motion. Mr. Marshall made a motion to appoint Mr. Ed Cox as Chair of the Board of Viewers and compensate each member $50 per application, seconded by Mr. Cox. Mr. Ridpath shared that it has been a very busy couple months and if anyone is aware of someone who has suffered damage from the storms or flood to let them know to please bear with us, the cleanup crews will get through the whole City. We are moving forward with budget development and will have work session in a couple weeks. CITY COUNCIL COMMENTS: Mayor Brown briefly shared that the six month financial update. Mayor Brown took a moment to recognize David and his team for once again receiving the Distinguished Budget Presentation Award from the Government Finance Officers and on behalf of City Council we wanted to give that to you and your team. Thanks for all the work you do. Mr. Cox shared that the swim team has won regions and the basketball is doing well. Some members of the wrestling team are going to state. Mayor Brown added that the Scholastic Bowl team won regions and will be moving onto State tournament. Dr. Harshberger share that he attended good meetings over the last weekend, tourism being one. Also, the Heritage Foundation had the best activities report that he’s seen in years. Scott Gardner is doing great job with that. The Bring Mary Home campaign is moving forward. A District Scout leader came forward to volunteer to help build the observation platform. Mr. Nicholson mentioned that prior to tonight meeting, my dad and I were watching the local news and they had a story on the Radford Intermediate school eight grade students who where in our court facilities doing mock trials. I had shared with you a number of weeks ago, when our students where representing our community at the inauguration, and the fact that our students are continually learning about local and national government. And I was so proud to see our students on television. Mayor Brown share that he received a letter from the American Legion Boys States of Virginia and was invited to participate 2013 session which is being held at Radford University. He shared that we still plan on moving towards a retreat so please look at your calendars for availability. Mr. Marshall made a motion to adjourn the meeting at 8:35, seconded by Mr. Nicholson. ATTEST: _________________________________ Melissa A. Skelton, City Clerk of Council