City Council

The New River City 10 Robertson St. June 12, 2017 Radford, Virginia Regular Meeting Number 18 of Radford City Council, F.Y. 2016-2017 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. Robert Gropman, Dr. Richard Harshberger, Mr. Daniel Keith Marshall, and Mr. Michael Turk. Others present were as follows: Mr. David Ridpath, City Manager Ms. Melissa Skelton, Community Development Director Following the Pledge of Allegiance, led by local Veterans, the invocation was led by Mr. Daniel Keith Marshall. AWARD: SUBJECT: DMV Award for Zero Fatalities SUMMARY: The Radford Police Department has been recognized by the Virginia Division of Motor Vehicles for “zero” facilities related to traffic accidents in 2016. A representative will be present from DMV to make the presentation. The City has received this award several times. The Deputy Chief, Angie Frye, as well as several members of the Department were present to accept the award. SUBJECT: Water Treatment Plant SUMMARY: The Virginia Department of Health has selected the City of Radford Water Treatment Plant to receive a “Gold” award for “Excellence in Water Works Operations”. The City has won the “Silver” designation as well as received a “bronze’ designation during the past five years. Lawrence Rice, Director of the Water Plant, was present to accept the award. REPORT: July 4th Spirit of America Celebration SUMMARY: Ken Goodyear, Director of Parks and Recreation, presented an overview of the July 4th activities for 2017. The celebration will be held in Bisset Park and culminates in a fireworks display by Grucci. MINUTES APPROVALS: On a motion by Dr. Harshberger and seconded by Mr. Turk that the minutes for the May 8, 2017 Regular Meeting are approved as presented. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: None-0 RESOLUTION: SUBJECT: Employee Retirement Program SUMMARY: An Employee Retirement Incentive Program is being considered to help reduce annual payroll cost. The program would be offered to employees who qualify for “retirement” or unreduced” retirement benefits as defined by the Virginia Retirement System (VRS) as of June 1, 2017. The program would be a one-time offer to employees who are governed by the City of Radford Employee Handbook. The program provides up to five years of “employee only” health insurance coverage until eligible for Medicare and a one-time $25 stipend for every year of VRS Services. The retirement date of the employee would need to be before January 1, 2018. ACTION: Mr. Marshall moved to approve the Employee Retirement Program Resolution, the motion was seconded by Mr. Gropman. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: SUBJECT: Radford Transit Procurement Policy and Procedures SUMMARY: The City of Radford receives federal funding to support the Radford Transit operation. The Federal Transit Administration (FTA) requires its recipients to implement and comply with federal and state procurement guidelines, laws and regulations as a condition of financial assistance. While the City of Radford has a procurement policy (Chapter 80, Radford City Code) and follows all requirements, it is not specific to FTA administered programs as indicated in our Triennial review. A Policies and Procedures Procurement Manual has been established for Radford. Radford Transit related purchases of goods and services that are complaint with all rules and regulations of the FTA. The manual generally includes provisions for contracting, methods of procurement, open competition, contract cost and price analysis, bonding requirements, payment options, contract approval and award, liquidated damages, bid evaluation and contract administration, as well as close out. The FTA has approved the Policy for the City of Radford and requires a Resolution from City Council formally endorsing the federal policy guidelines. ACTION: Dr. Harshberger moved to approve the F.T.A. Procurement Policy and Procedures, the motion was seconded by Mr. Gropman. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: PUBLIC HEARING: SUBJECT: G.O. Bond for Little River Dam Improvements Mayor Brown opened the public hearing at 7:28 No Comment Mayor Brown closed the public hearing at 7:29 Mayor Brown shared that they received an email from Mr. Tuck Byrd Clerks Note: The hearing was advertised as required. OLD BUSINESS: SUBJECT: Ordinance 1688-Right-of-Way Vacation SUMMARY: Mark Armentrout has requested the vacation of the unimproved section of Scott Street, adjacent to his property at 93 Ninth Street. The area is approximately 60'X326'. The vacation would improve the residential development potential of the adjacent vacant lot. City Council referred the request to the Planning Commission for review and recommendation as it relates to the City map. A public hearing was held at its meeting on September 26, 2016. No comments were received. All adjacent property owners have been notified of the vacation request. The Planning Commission reviewed the right-of-way vacation at its November 19, 2016 meeting and unanimously voted that the request was compliant with the comprehensive plan, provided a 15' utility easement is maintained. City Staff also reviewed the request and foresees no conflict, as long as an easement is retained for the current and future utilities. City Council appointed a three-member Board of Viewers on December 12, 2016 to review the request and make a recommendation. The Board of Viewers met on January 24, 2017 and reported that no “inconveniences” to the public are created if the Right-of-Way is closed. The Planning Commission, Board of Viewers and City Staff recommend that the right-of-way be vacated and a utility easement retained. City Council “Received” the Report of the Board of Viewers and authorized staff to determine the location of the permanent easement, as well as the valuation of the proposed right-of-way at its meeting on February 13, 2017. A survey of the Right-of-way has been performed by Balzer and Associates and a permanent easement area for current and future utilities has been identified. An Appraisal was conducted by McCraw Appraisal and the value established at $13,581 for the area of the vacation, as requested by the applicant. The appraisal has not been discussed with the applicant pending City Council’s concurrence of the value. Ordinance #1688 incorporates all aspects of the Right-of-way vacation request by Mark Armentrout, the retention of the easement for utilities and the valuation, as well as the recommendations of the Board of Viewers, the Planning Commission and City Staff. City Council approved the “first” reading of Ordinance #1688 at its meeting on May 8, 2017. ACTION: Mr. Marshall moved to approve Ordinance 1688 on its second reading, the motion was seconded by Mr. Turk. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES OLD BUSINESS: SUBJECT: Ordinance 1693-Right-of-Way Vacation SUMMARY: Price Williams Developers/East Radford Development Corporation LLC, has requested the vacation of the residual unimproved right-of-way adjacent to Tyler Avenue. The site is located on the West side of Tyler Avenue adjacent to the Rock Road intersection and consist of 2.195 acres. The vacation would enhance the development of the adjacent commercial property. City Council referred the request to the Planning Commission for review and recommendations as it relates to the City map, as well as authorized a public hearing at its meeting on February 27, 2017. There were no comments received during the hearing. The Planning Commission reviewed the right-of-way vacation at its March 20, 2017 meeting and affirmatively voted (4 members, 3 absent) that the request was compliant with the Comprehensive Plan as future businesses and residential development. City Staff have also reviewed the request and foresee no conflicts or issues with the proposed vacation. City Council received the report of the Planning Commission on March 27, 2017, and appointed a Board of Viewers. The Board of Viewers met on April 10, 2017 and reported “no inconveniences” to the public are created if the right-of-way is vacated. The Planning Commission, Board of Viewers and City Staff recommended that the right-of-way be vacated with no conditions. City Council received the report of the Board of Viewers and authorized staff to obtain the valuation of the Right-of-Way at its meeting on May 8, 2017. An appraisal has been conducted by Lucas Appraisal Service and the value established at $23,000 for the area of the vacation, as requested by the applicant. Ordinance #1693 incorporates all aspects of the Right-of-Way vacation requested by East Radford Development 1700, LLC, the valuation, as well as the recommendation of the Board of Viewers, the Planning Commission and City Staff. Dr. Harshberger recommend that they reduce the cost of the survey by 50 % as they have done with previous applicants. ACTION: Dr. Harshberger moved to approve Ordinance #1693 at a cost of $11,500 be place on its first reading, Mr. Gropman seconded the motion. Mr. Marshall asked why this appraisal came in significantly less than the appraisal that was done on the property across the street, by about $175,000 less, which was 1 ½ acre versus this current appraisal, that was for 2.1 acres. He is surprised there is such a disparity between the two. He also asked why within the executive summary of the appraisal it states that the appraised market value on the 2.15 acres city parcel was based on hypothetical condition that the acreage is a part of the adjacent 56.133 acres East Radford Development LLC site evaluation purposes and is this the right way of to do it? Why evaluate the commercial property based on the value of the residential property. He said it appears the appraisal is based on the Residential property and not business property. The City Attorney explained that all the property along Tyler is zone for business and what comes down along Rock Road is zoned for residential. She also shared that the appraisal across the street was based on the current condition of the property, which had been excavated, which brought the value up higher. Mayor Brown shared that a concern of theirs is that they had done this before, and it was not purchase and he does not want to go down this road again and create issues. Mayor Brown asked Mark Williams, Developer, if they ever bought the ROW from across the street. Mr. Williams responded that they did not purchase the property. He stated in his opinion the ROW acquisition laid dormant from 2009 to 2014, and during this time, they incurred a lot of cost in excavating it. This particular piece of ROW can only be sold to them; it was an opportunity to put it back on the tax rolls. He shared that the process was so pretentious that they chose not to buy it. Mayor Brown shared that it is their intent is to make property more developable and put it on the tax rolls. VOTE: Mr. Gropman YES Dr. Harshberger YES Mr. Marshall NO Mr. Turk NO Mayor Brown YES CITIZEN COMMENTS: Jim Graham, Radford Citizen, stated that since he was critical towards Council last summer for the paving that was done, he wanted to let them know this year that the contractor did a much better job. Mayor Brown asked if it was possible to put beehives down at the community garden to help pollinate the plants. Mr. Graham responded that he had concerns with people who may be allergic to bees. Mr. Marshall shared that being a public place; it probably is not a good call. Lee Simpkins, Radford Citizen, stated that he was concerned that the Heads of Departments are allowed to live outside the City and requested that Council consider it to be mandatory that all Department Heads live within the City. NEW BUSINESS: SUBJECT: F.Y. 2018 Council Meeting Calendar SUMMARY: Each year, City Council receives and considers its proposed fiscal year meeting schedule. The F.Y. 2018 calendar reflects holidays and one meeting a month during the summer. Additional meetings and special meetings are added to the calendar, as needed for the annual budget and Work Sessions. ACTION: Mr. Gropman moved to approve the F.Y. 2018 Council Meeting Calendar as presented; Mr. Marshall seconded the motion. Mr. Marshall said they had received criticism from cutting down on the number of meetings. He had agreed with that, because he thinks that by spreading the meeting apart that Council can get out of touch with things that are going on. However, they have been doing different things, for example, tonight they had a three meeting night, a work session at 6:00, the regular meeting at 7:00 and then closed session right after that. They had added closed session and extra meetings throughout the year, so they are actually meeting more than they had scheduled. He said he thinks it is important because they pay them to be here and to lead and set the vision for the City and they cannot do that if they are not meeting. Therefore, even though it may look like less scheduled meetings, they more than compensate that with work sessions and closed meetings. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES SUBJECT: G.O. Bond-Ordinance 1694 SUMMARY: Little River Dam, the City owned and operated hydroelectric facility, experienced a bearing housing failure which damaged the turbine, shaft and draft tube in 2014. Kleinschmidt and GDS Associates have been our consultant and design engineers on the extensive project to make long lasting repairs, evaluate structural integrity and increase operational efficiency. The nearly $3 million repair includes generation and facility upgrades related to the runner, as well as rehabilitation of the turbine and powerhouse. The work is being done by Hydro Consulting Services and will be completed in the Fall of 2017. The facility generates 6,406 megawatts of power annually and saves about $367,000 in purchase power from AEP. The City has consulted with financial Advisors, Davenport and Company, about the cost of the project and possible financing options. A “Reimbursement” Resolution was approved by City Council in February, 2017 to allow a bond on the project to reimburse the City’s cost on the repairs. Eight bank proposals and a financing offer by the Virginia Resource Authority were considered. A public hearing has been scheduled and advertised, as required, for ___ _____ not to exceed $1.75 million. Keith asked about the 2.9 mil that shows, where the ACTION: Mr. Marshall moved to approve Ordinance 1694 in the amount of $1.725 million be placed on the first reading, the motion was seconded by Mr. Turk. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES Consent Agenda SUBJECT: Consider Appropriation Ordinance 1682.38 Transit Training SUMMARY: The City received funding from the Virginia Department of Rural and Public Transportation for Federal Procurement training. The $872 was used by the Transit Manager to attend a Federal Transit Administration workshop on Procurement requirements and industry best practices. The funds were not programmed in the F.Y. 2017 Budget, therefore requiring appropriation. SUBJECT: Consider Appropriation Ordinance 1682.39 Hydro Rehab Additional Services SUMMARY: The City of Radford is rehabilitating the Little River Dam Hydro Electric Facility. Additional repairs and services were required on the draft – tube _____ -ring and a self-aligning bearing that will improve long-term maintenance. The cost of the additional work is $98,800 and will be transferred from Electric Revenues. SUBJECT: Consider Appropriation Ordinance 1682.40 VA is For Music Lovers Grant SUMMARY: The City received a grant from the Virginia Tourism Corporation to help defray the cost of local events with a music focus. Funds have been provided in the amount of $2,448 to assist with the 2017 Native American Festival held in Bisset Park. SUBJECT: Consider Appropriation Ordinance 1682.41 Tourism Marketing Leverage Grant SUMMARY: The City received a grant from the Virginia Tourism Corporation to help with marketing destinations and events, brochures in the eleven State welcome centers. A match is required and can be accommodated from the existing Tourism budget. The amount of the grant is $4,839. The funds would be used to place brochures in the eleven State Visitor Centers, advertise the Mary Draper Ingles site in Virginia Living Magazine, produce a video and brochure about the history of Mary Draper Ingles and the Radford sites. SUBJECT: Consider Appropriation Ordinance 1682.42 CIT Grant SUMMARY: The Radford Sheriff’s Office in partnership with the New River Valley Community Services and the Town of Christiansburg established the Crisis Intervention Access Center to assist individuals experiencing mental health crisis. The program is funded through the Commonwealth of Virginia and has no financial impact on the City. The program _________ $19,677 more in funds than appropriated. The Appropriation is necessary to account for the reimbursement of funds from the NRVCS and the Town of Christiansburg. ACTION: Mr. Gropman moved to approve the Consent Agenda for Appropriation Ordinances 1682.38, 1682.39, 1682.40, 1682.41 and 1682.42, on its first reading, Mr. Marshall second the motion. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: None-0 ACTION: Mr. Gropman made a motion to dispense with the second and final reading approve Appropriation 1682.38, 1682,39, 1682.40, 1682.41 and 1682.42, Dr. Harshberger seconded the motion. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: None-0 CITY MANAGERS COMMENTS: Mr. Ridpath shared that due to all the heavy rain, we are behind on mowing, but are working towards catching up quickly. City wide paving is near completion and should be done by end of week, weather permitting. Mr. Ridpath pointed out that Joe Levin from NRVRA was in the audience this evening. A video was show from the teachers and students who were involved in the annual Student in Government Day to the Council and the audience, thanking them for their mentorship that day. Mayor Brown shared that we are working on some of the recommendations made by the student city council. CITY COUNCIL COMMENTS: Dr. Harshberger shared that he recently had a meeting with the Joint Commission and they are working on planning for next year, with many exciting things, they are discussing like business retention and recruitment ideas. He also mentioned that the Chamber of Commerce had their retreat, and was very good. We can expect some reorganization within the Chamber, and will be hearing about that soon. He also stated that the Mary Draper Ingles group has been meeting every week and will hold the production the last Sunday of June, July and August. Mr. Gropman mentioned that he received email from Marty Holliday from the New River/Mount Rogers Workforce Development, informing him of an upcoming Go Green initiative and if anyone is interested, to attend. Mayor Brown advised Mr. Ridpath that there is a significant amount of silt on the trail between the Dog Park and the Boat ramp. Mr. Ridpath responded that crews had begun trimming trees and cleaning up the trails, this past Saturday. Bruce said well fargo cup was issued He also mentioned that our annual Employee and Retiree appreciation luncheon is coming up soon. CLOSED SESSION: Mr. Marshall made a motion, seconded by Mr. Gropman to convene a closed meeting for the purpose of Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments, under Virginia Code Section 2.2-3711 (A) (1). Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, under Virginia Code Section 2.2-3711 (A) (3). Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. Virginia Code Section 2.2-3711 (A) (7). Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body Section 2.2-3711 (A) (29). VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: None-0 No action was taken in the closed meeting. Mr. Marshall made a motion to adjourn the closed meeting, Mr. Turk seconded the motion. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: None-0 Mr. Marshall made a motion to re-convene the regular meeting, Mr. Turk seconded the motion. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown NAYES: None-0 CERTIFICATION OF THE CLOSED MEETING: Mr. Marshall made a motion that Council did not discuss anything in the closed meeting other than the two items for which it was convened, Mr. Turk seconded the motion. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk, Mayor Brown Mr. Marshall made a motion to adjourn the meeting at 10:10, Mr. Gropman seconded the motion. VOTE: AYES: Mr. Gropman, Dr. Harshberger, Mr. Marshall, Mr. Turk NAYES: None-0 ATTEST: Melissa A. Skelton, Deputy City Clerk of Council