City Council

The “New River ” City 10 Robertson St. August 12 , 2013 Radford, Virginia Meeting Number 3 of Radford City Council, F.Y. 2013-2014 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. Richard Harshberger, was present and presiding. Other members of City Council present were Mr. Cox, Mr. Keith Marshall, and Mr. Robert Nicholson III. Others present were as follows: Mr. David Ridpath, City Manager Ms. Melissa Skelton, City Clerk Mr. Basil Edwards, Economic Director Mrs. Gail Cook-DeVilbiss, City Attorney Mrs. Jenni Wilder, Public Input Coordinator Mr. Donald Goodman, Police Chief The news media was represented by Radford News Journal. Following the Pledge of Allegiance, led by Vice-Mayor Harshberger, an invocation was pronounced by Chief Goodman. MINUTE APPROVALS: On a motion by Mr. Marshall, seconded by Mr. Cox, that the minutes of July 22, 2013 are approved with corrections. Pg 4- The incorrect board is listed. Change to reflect New River Valley Agency on Aging. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 INTRODUCTIONS SUBJECT: Chief Goodman introduced two new Police Officers John Fuhrman Brett Downey RESOLUTIONS SUBJECT: Exit 105 – I 81 Construction SUMMARY: The Virginia Department of Transportation is planning significant improvements to the North and South bound lanes of Interstate 81 at mile marker 105. The resolution requests that VDOT not close the interchange during the two years of construction impacting the exit ramps into Radford. Vice-Mayor Harshberger read the resolution for the benefit of the audience ACTION: Mr. Nicholson made a motion to approve the resolution as presented and authorize Vice-Mayor to sign, seconded by Mr. Marshall. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Personal Property Tax Relief SUMMARY: The State of Virginia requires localities to provide tax relief to local citizens on a portion of their “personal property.” The percentage of relief on qualifying vehicles is established for each tax year and is based on an amount set by the state, which is currently $625,657 for Radford. To reach this amount of relief, the rate proposed for 2013 is 55% for personal property valued at $1,001 is $20,000. Business vehicles, motor homes and vehicles valued under $1,000 are excluded. Mr. Cox read the resolution for the benefit of the audience. ACTION: Mr. Cox made a motion to approve the resolution as presented and authorize Vice- Mayor Harshberger to sign and Melissa Skelton to attest, seconded by Mr. Nicholson. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Identity Theft/Red Flag Policy SUMMARY: The Federal Trade Commission adopted rules that require local utility departments to adopt procedures to prevent identity theft. City Council adopted a resolution in April 2009 creating the policy and program currently used, to detect, prevent and mitigate identity theft. The Resolution policy under consideration updates the program, its oversight, reporting and training. The program takes into account recommendation from the Virginia Municipal League and models from other local government associations. ACTION: Mr. Marshall made a motion to approve the resolution as presented, seconded by Mr. Nicholson. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 PUBLIC HEARING SUBJECT: Miscellaneous Offenses – Guns and Weapons SUMMARY: A public hearing is scheduled to receive comments concerning an amendment to Chapter 70, Section 35 through 44 of the Radford City Code. Mrs. DeVilbiss provided an overview of the changes to the ordinance. Vice-Mayor Harshberger opened the public input hearing at 7:24 p.m. Mr. David Knight, Radford resident, prepared a few remarks concerning the proposed Ordinance and summary report prepared by Mrs. DeVilbiss, along with the options that were enumerated. He commented that Sect 70-35, as Mrs. DeVilbiss had pointed out, Option 2 reiterates the provisions of 18.2 -308 in its entirety verbatim and Option 1 does so by reference and if you don’t just repeal it and enact one or the other proposals, then the local Ordinance will just mirror the State Ordinances as Mrs. DeVilbiss had pointed out, and if the State makes changes again we will have to go through the review process again and update it. Some of these provisions have been preempted for more than a decade. Section 70-35 isn’t covered in the summary report, he would move that it should be the first one in the summary report and should have same kind of options and recommendations. In every case except for 70-39 the options are the same, repeal it or enact a local ordinance that mirror’s the State Ordinance. So basically, items 70-35 through 38 and 70-40- through 43 in my opinion would best be repealed and not replaced with the mimicking option and let the State law prevail. With respect to Section 70-39, it reiterates the provisions of section 15.2915.4 and lectures about the meaning of “reasonable care”, which begs the question, are the authors qualified to offer gun safety advice. Regardless, to spell out this level of detail in a City Ordinance is unwarranted and might be better to have gun safety guidelines that might be published by the Police Department and he would be happy to offer any assistance because he is a Certified Firearms Instructors and Certified Range Safety Officer. He thanked Mrs. DeVilbiss for all her hard work on this Ordinance. Vice-Mayor Harshberger closed the public input hearing at 7:31p.m. Clerks note: Notice of the public hearing has been duly advertised. REPORT SUBJECT: Radford Foundry Brownfield Restoration Report – Monty Bennett SUMMARY: Mr. Bennett, Groundwater and Environmental Service, Inc, provided Council with a progress report and the findings to the 50+ acre former “foundry” property. OLD BUSINESS SUBJECT: Consider Second reading of Ordinance 1651 – Rezone a certain area of properties bordering East Main Street, from Jefferson Street to Burlington Street and from Robey Street to Parcel #4-(1)-2B in the East Ward of the City of Radford. SUMMARY: A public hearing was held on June 10, 2013 and “First Reading” was approved by City Council on July 22, 2013 to consider rezoning a portion of East Main Street from Jefferson Street to Burlington Street and from Robey Street to Parcel #4-(1)-2B. The proposal is to modify the area’s B-2, General Business zoning to MU, “Mixed Use”, to accommodate a variety of commercial and residential uses. A second reading of the Ordinance is required. ACTION: Mr. Nicholson made a motion to place Ordinance # 1651 on its second and final reading, seconded Mr. Cox. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Consider first reading of Ordinance 1654 – Miscellaneous Offenses ACTION: No action was taken CITIZENS COMMENTS: No Comments NEW BUSINESS SUBJECT: Appointment to Boards and Commission – Alcohol Safety Board ACTION: Deferred to a later date SUBJECT: Appointment to Boards and Commission – Community Services Board SUMMARY: Deferred to a later date SUBJECT: Appointment to Boards and Commission – New River Valley Planning District Commission SUMMARY: A City Council representative is needed to fill the float vacancy on the New River Valley Planning District Commission. ACTION: Mr. Nicholson made a motion to appoint Mr. Marshall to fill the one year term, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Consider Appropriation Ordinance 1648.07: $87,161 for Victim Witness Program. SUMMARY: The Victim Witness Coordinator’s office has received a grant from the Virginia Department of Criminal Justice Services. These funds will be used to support the salary, benefits and office requirements associated with providing comprehensive services to victims of all felony and misdemeanor crimes. The twenty-year program, served nearly 450 victims during 2013. ACTION: Mr. Nicholson made a motion, seconded by Mr. Cox, to place Appropriation Ordinance 1648.07 on its first reading. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger 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, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Consider Appropriation Ordinance 1648.08: $75,000 for IDA demolition of old Public Safety Building. SUMMARY: The Industrial Development Authority has requested funding support to demolish, as well as remove lead paint and asbestos from the old Public Safety Building located at 601 West Main Street. The cost of the project is estimated at $75,000. The IDA is taking proposals until mid-August from qualified firms. ACTION: Mr. Marshall made a motion, seconded by Mr. Nicholson, to place Appropriation Ordinance 1648.08 on its first reading. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 ACTION Mr. Marshall made a motion, seconded by Mr. Cox, to dispense with the second and final reading. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Consider Shenandoah Cable Television Pole attachment agreement and rates SUMMARY: The City has a Franchise agreement with Shentel Communications or assignees, which is now Shenandoah Cable Television, LLC, to operate a cable system for a fifteen year period. The terms of the agreement approved by Ordinance #1615 on March 10, 2010 limited the provisions of the pole attachment agreement and rates to a one year period. The proposed Pole Attachment Agreement includes standards for installation, inspection, permitting, liability and fees. ACTION: Mr. Nicholson made a motion to approve the resolution as presented and authorizes the Vice-Mayor to sign and Ms. Skelton to attest; and to authorize Mr. Ridpath to sign final agreement, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 ABTAIN: Mr. Marshall SUBJECT: Consider scheduling a public hearing for Ordinance #1655 - Cross Connection and Backflow Prevention Program SUMMARY: The Cross Connection and Backflow Prevention program protects the public water supply from contaminates entering the system from low water pressure or improper service connections. The program is mandated by the Virginia Health Department. The proposed ordinance replaces the existing program and conforms to modern requirements and practices pertaining to administration, enforcement, penalties, customer responsibility, as well as maintenance and inspection. A public hearing is required before considering the ordinance. ACTION: Mr. Marshall made a motion to schedule a public hearing for September 9, 2013, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Consider scheduling a public hearing for Ordinance #1656 - Meth Lab Clean- up Recovery Cost. SUMMARY: Legislation was approved in the 2012 legislative session of the General Assembly enabling localities to seek reimbursement for the cost and expense related to methamphetamine lab cleanup, following conviction. Expenses eligible for recovery, cost associated with clean-up, removal or repair of the affected property and the replacement of personal protective equipment. A public hearing is required before considering the Ordinance. ACTION: Mr. Cox made a motion to schedule a public hearing for September 9, 2013, seconded by Mr. Marshall. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 SUBJECT: Veterans Recognition SUMMARY: City Council has been discussing possible avenues to recognize Radford’s Veterans and those who have lost their lives defending our nation’s freedom. ACTION: Mr. Marshall made a motion to authorize Appropriation Ordinance for purchase of two plaques, to be placed on the City Administration and City Municipal buildings, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 CITY MANAGER’S COMMENTS: Mr. Ridpath shared that there are new cross walks throughout the downtown area. The new material should provide a long-lasting life. He also shared that ISO review is complete and our insurance rating has gone from a 6 to a 4, and hope this helps with citizens insurance rates. CITY COUNCIL COMMENTS: Mr. Cox reported that the Chamber of Commerce had a special meeting, the idea to relocate the Chamber Office to a central region was discussed and thought it was a good recommendation, but the Board voted not to move and to stay at the current location, due to expenses involved. Mr. Marshall agreed with Mr. Cox and shared he was disappointed with decision not to move, but stated they are a private organization and can do what they want. Vice-Mayor Harshberger shared that the recent Roanoke Business publication came out and had Mr. Ridpath on front of it. A full spread was done on the City of Radford, and I have talked to a number of people who have said it’s the best article they have seen on Radford. Mr. Marshall made a motion to adjourn the meeting at 8:47, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Mr. Marshall, Mr. Nicholson, Vice-Mayor Harshberger NAYES: None-0 ATTEST: _________________________________ Melissa A. Skelton, City Clerk of Council