Loading...
HomeMy WebLinkAbout1/7/2020 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 7, 2020 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. CONSENT AGENDA 1. Consider approval of the minutes: a. Regular Council meeting of November 19, 2019 b. Regular Council meeting of December 3, 2019 c. Regular Council meeting of December 17, 2019 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Vinton Area Chamber of Commerce 2nd Quarter Report – Justin Davison H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY J. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION a. Consider adoption of an Ordinance amending Chapter 82, Streets, Sidewalks, and Other Public Places, Article III, Public Rights-of-Way Use Fee and Chapter 86, Taxation, Article IV, Tax on Purchasers of Utility Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 Service, Division 2, Telephone and Division 3, Enhanced Emergency Telephone Service of the Vinton Town Code – Anita McMillan 3. COMMENTS/UPDATES K. REPORTS FROM COUNCIL COMMITTEES L. MAYOR M. COUNCIL N. APPOINTMENTS TO BOARDS/COMMISSIONS COMMITTEES 1. Board of Zoning Appeals O. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(1) of the Code of Virginia, 1950, as amended, for 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; namely the Chief of Police. 2. Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration 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 Town, specifically relating to a sanitary sewer easement on the Methodist Church property. 3. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A)(7) for discussion or consideration of the disposition of publicly held real property, namely Gish’s Mill, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. P. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING Q. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: January 14, 2020 – 1:00 p.m. – Finance Committee Meeting – TOV Conference Room January 21, 2020 – 7:00 p.m. – Council Meeting - Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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 Meeting Date January 7, 2020 Department Town Clerk Issue Consider approval of the minutes: a. Regular Council meeting of November 19, 2019 b. Regular Council meeting of December 3, 2019 c. Regular Council meeting of December 17, 2019 Summary None Attachments November 19, 2019 minutes December 3, 2019 minutes December 17, 2019 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 19, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Nathan McClung, Principal Planner Jessica Parker, Executive Assistant to the Police Chief order at 7:00 p.m. The Town Clerk roll with, Council Member Scheid, Council Member McCarty, Council Member Stovall, Vice Mayor Liles and Mayor Grose present. Roll call After a Moment of Silence, Randy Layman led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty following: November 24 - 6:00 p.m. – Community Thanksgiving Service – Vinton Baptist Church; December 1 – 7:00 p.m. - The Bargain - Star City Playhouse; November 23 – 10:00 a.m. to 2:00 p.m. – Billy Byrd Apartments Open House; December 4 – 7:30 a.m. – State of the Town – War Memorial; December 5 - 6:00 p.m. – 7:00 p.m.; December 12 – 6:00-9:00 p.m. - Town of Vinton Night at Illuminights – Explore Park and December 19 – 5:00-7:00 p.m. – Open House – Council Member Stovall approve the Consent Agenda as presented; the motion was seconded by McCarty and carried by the following vote, with Adopted Resolution No. 2326 appropriating funds in the amount of $3,962.00 received Services to purchase two Tactical Security 2 McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. bench for the Booking Room, twenty-one North American Rescue CAT Tourniquets, Flashlights; adopted Resolution Funding account to the Police Department Chief Foster made comments relative to the first Thanksgiving and then read a Cicero, “ virtues”. The next item on the agenda was the consideration of public comments on a request to vacate a portion of a public utility easement (Tax Map ID#: 060.16-09- 060.16-09-02.00), being a portion of Sycamore R Roanoke County in Deed Book 664, Page 356. The Mayor opened the Public Hearing at 7:07 p.m. Nathan McClung first commented November 5, 2019 meeting. He referred to two properties. Ordinance was been revis easement” contained in the original was recorded in 1961. Also, since the briefing, all of the major utility companies have been contacted and confirmed th vacating the easement. The current location of the easement lines (15 feet on each side) would impede any parcel. Hearing was closed at 7:09 p.m. Council Member Scheid made a motion to adopt the Ordinance, as revised Public Hearing Opened Public Hearing Closed Adopted Ordinance No. 1008, as revised, to vacate a portion of a public utility easement 3 by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. (Tax Map ID#: 060.16-09-01.00) and 119 East Cleveland Avenue, Vinton (Tax Map ID#: 060.16-09- Sycamore Road that was vacated by Town 1961, of record in the Clerk’s Office of the Circuit Court of Roanoke Co Book 664, Page 356 The next item on the agenda was a briefing on a Cooperative Agreement to accept a $300,000 Community- Protection Agency (EPA). commented that the Town was notified had been awarded the Grant in June. The purpose of the Grant is to evaluate under-utilized revitalization by performing Phase I and Phase II Environmental Asse would also allow for up to three design concepts the hope of engaging The Town would also be able to qualify for some environmental challeng with no local match. completed the pre- EPA and was p Agreement which on this matter at their December 3rd meeting. We anticipate starting January of 2020 committee to develop a that we will be undertaking through the three- year grant program. With regard to a question on a schedule of how that a preliminary budget has been submitted. It is somewhat scheduled, but with the projects require. In response to a question regarding the number 4 approximately 24 sites were identified in the application. The Committee will work through those and it is anticipated to undertake three to four projects in the first year. With the funds that consultants, we believe we can 12-15 projects done with the $300,000 However, it conceptual planning process. With regard to a majority of the properties being privately owned, Mr. Peters commented that during the first year staff would be workin Since the program was announce been several property owners contacted staff seeking additional information. contribute any resources toward the program. The next item on the agenda was a briefing on a Contract with Draper Aden and Associates administration of the $300,000 Community- U.S. Environmental Protection Agency (EPA). Pete Peters commented that the Grant allowed the Town to conduct the environmental assessments, assist in preparing conceptual site coordination of the steering committee. An RFP was issued with four proposals being received. Committee individually reviewed ranked the proposals with the consensus being with Draper Aden and Associates. formal action at their December 3rd meeting. The next item on the agenda was a accepting said Report. Anne Cant 5 Edwards to make the presentation on the Report. Mr. Gilmer first commented that he is a Senior Manager with Brown Edwards and this is the required public presentation of their Audit of the Town for 2019. The results of the audit and detail with the Finance Committee earlier in this week. He expressed thanks to Council for the opportunity to on the great relationship they Town. Mr. Gilmer next commented that the the Report. Page vi has the by the GFOA, which the Town has received for over 20 years and Page 3 contains the Management Discussion and Analysis, which is a good summary of the Report. The Balance Sheet on Page 14 shows the unassigned fund balance of $2.9 million, which is approximately $250 year. A metric they use is how many months of expenditures could the Town cover if not another months and the Town is at 4.39 months, which is a nice healthy level. Pages 20-21 Statement of the Enterprise Fund, shows the net income of the water and sewer fund at $144,040 Page 77 shows the Customers Town. In 2010, PFG was close to 10%, but now they are only about 5%. The Schedule of Finding and Response on Page 92 lists the one compliance finding that the Town has dating back to 2007 and de segregation of duties. Since that time, the Town since 2007 has done a great job of addressing this finding and we have a lot of clients with this same finding given their size, limi budgets. Mr. Gilmer next commented that a Accounting and Other Matters and Required Communication and a Management Letter were also issued. The Financial Analysis 150 page CAFR down into 12-15 graphs that are easy to interpret and shows trends. 6 Ms. Cantrell expressed appreciation to Brown Edwards for all of the work they did in preparing the CAFR. Council Member McCarty adopt the Resolution was seconded by Council Member Scheid and members voting: Vote 5-0; Yeas (5) – McCarty, Sc (0) – None. Adopted Resolution No. 2328 approving the June 30, 2019 Comprehensive Annual Financial Report The next item on the agenda was to consider adoption needed for “McGruff’’s Safety Club” to be hosted by W.E. Cundiff Elementary School and Herman Assistant, who spearheaded the Grant. He then commented that his department was always looking for ways to find money to do things that are new, innov youth at the two elementary schools. The Library has recently also been added as another partner, with home school co-ops. of the program and that the McGruff Safety Club will meet once a quarter at the s Library with McGruff and Scruff doing 20-30 minute sessions to talk about safety topics, hand out educational materials and show events. The Grant period will run through June 30, 2021 and is the only program like this in the area. M they can go ahead and spend all the funds in the 7 front costs, but the ongoing costs for the most part will be donations from non- Parker furth materials are relatively inexpensive and can be paid for with their department’s binding budget. Council Member Stovall was seconded by Council Member McCarty all members voting: Vote 5-0; Yeas (5) – (0) – None. Adopted Resolution No. 2329 appropriating funds in the amount of $11,765.00 received and equipment needed for “McGruff’’s Safety Elementary School and H Elementary School The next item on the agenda was to consider County Economic Development Authority (EDA) for the purpose of investing in public infrastructure and incentivize the redevelopment of the former Vinton Motors into a mixed-use development to be known as Vinyard Station. Pete Peters commented that Council was briefed meeting. The Agreement acquisition support to the project and provide adequate and district. The initial private investment anticipated to buy the property is approximately $2.7 million numerous employment opportunities based only on the one been secured. A bigger positive economic impact is anticipated once the additi square foot is leased as well as the benefits that the adjacent parcels and businesses will receive from this capital investment. package being capped at $750,000. The Agreement also requires 8 ownership of the property through the duration of the Agreement. The Town will also be given fee Avenue and the connect the parking lot to Pollard Street. Mr. Peters next commented that the Roanoke County Economic Development Authority unanimous November 16th meeting. Also, the Roanoke County approve related to the Project, which was the next item on the agenda. Mr. Peters recognized Jeremy Carroll, the Town Attorney, for all of his work on the agreements and then the audience and their patience, professionalism and trust over the last several years. Dale Wilkerson next shared that the relationship that he and his Dad had with the citizens of Vinton and to give back to the community and reflect the valu lived here. A lot of factors had to come together without the vision of Council. further commented that he was relation transactions. Virginia Vinyard also made comments regarding the project. After comments from other Council Members, Vice Mayor Liles members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2330 authorizing the Agreement with Vinyard Station LLC and the Authority (EDA) for the purpose of investing redevelopment of the former Vinton Motors into a mixed-use development to be known as Vinyard Station The next item on the agenda was to consider Understanding (MOU) County for the Vinyard Station Redevelopment Project. Pete Peters commented that the Town 9 September to seek $200,000 in financial support to off- anticipated Performance Agreement. This was anticipated to be received by the Cou opening. At their November 6, 2019 meeting, the Roanoke County Board of Supervisors unanimously approved the MOU in the form of economic development grant in the The total amount of the grant will cap at $40,000 five-year term. If the revenues generated by the development are less than $40,000 annually, the actual payment will be less. The five year term will begin on January 1, 2021 to account for the development. Mr. Peters next Loope with Roanoke County for her support and the Supervisors. He also expressed appreciation of Town staff toward this project. Council Member Scheid seconded by Council Member Stovall and members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2331 authorizing the Town Manager to execute Roanoke County for support from Roanoke Redevelopment Project The next item on the agenda was to consider Manager to execute a with the Vinton Historical Society to operate the Vinton History Museum. commented Council authorized a Lease with the Vinton Museu Agreement is to outline which falls the Town and the Historical Society ongoing for many years, but a formal agreement 10 process. Mr. Peters next commented on the terms of the A concurrent with the Leas Historical Society has agreed to its terms. The Finance Committee has Agreement and recommends its approval. Randy Layman, Historical Society President, made comments on future plans for the Museum and indicated that they would be making semi- annual report to Council after the first of the year. Vice Mayor Liles seconded by Council Member Scheid and members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2332 authorizing the Agreement with the Vinton Historical Society to operate the Vinton History Museum The Town Manager commented that several meetings ago Council support of National Park Service maintenance at the time the Parkway was closed. Our surrounding jurisdictions was Virginia other Congressmen’s Offices. Today the Senate approved their Bipartisan “Restore $12 billion deferred maintenance backlog at the National Park Service and establish the National Park Service Legacy Restoration Fund. Under reports from Council Committees, Anne Cantrell first commented that the Finance Committee met on November 12 reviewed the June 30, 2019 CAFR Presentation (Brown Edwards); the Police Department Capital Fund Appropriation, Appropriation and Local Law Enforcement Grant Appropriation; the Agreement and the EPA Brownfields Community Wide Assessment Grant and Environmental Consulting Contract, all of which were previously discussed during the meeting tonight. Ms. Cantrell then reviewed a PowerPoint Statements, Clerk’s Office as a part of the permanent record. 11 Council Member Scheid made a motion to approve the September 2019 Financial Report; the motion was seconded by Vice Mayor Liles members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Approved the September Report The Mayor commented on the recent grand re-opening ribbon cutting at Kroger, the luncheon provided for Town employees who are Veterans, Town, a ribbon cutting at The Hair Company and the Roanoke Valley- Commission annual dinner that was attended by Council and staff. Comments from Council: Council Member McCarty commented on everything place during the meeting tonight and shared a point out the leader” and expressed appreciation to all of staff. cell facilities matter would Council. The Town Manager responded that the RFPs will be opened and Mike Lockaby Attorney, would be proposed Ordinances. The Town Clerk commented that the Joint Public Hearing with the meeting in December. Council Member Scheid next asked about a Council tour of the security improvements to the building and t Manager responded that after the glass is Planning Departments. Council Member Scheid next update on recent issues that have been brought up about the water quality in the Town. The Town Manager responded that he had met with staff on Monday and with Council in the near future for further discussion. with the misread meters. Council Member Stovall commented that the CEDS Committee would be taking an economic th 12 Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty following vote, with all members voting: Vote 5- 0; Yeas (5) – Grose; Nays (0) – None. T Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, DECEMBER 3, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Mike Lockaby, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Fabricio Drumond, Assistant Police Chief Nathan McClung, Principal Planner order at 7:00 p.m. The Town Clerk roll with Council Member McCarty, Council Member Stovall, Vice Mayor Liles Grose present. Council Member Scheid was absent Roll call Council Member Scheid arrived at the meeting at 7:04 p.m. led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty following: December 9 – 9:30 a.m.-3:30 p.m. – Flood Insurance Symposium – followed by a Flood Insurance Open House – 6:00-8:00 p.m. – Center; December 4 – 7:30 a.m. – State of the Town – War Memorial; December 5:00-6:00 p.m. – Downtown Tree Lighting followed by the Christmas Parade at 7:00 p.m.; December 12 – 6:00-9:00 p.m. - Illuminights – Explore Park; December 19 – 5:00-7:00 p.m. – Commerce Holiday Open House – Charles Hill Community Center and December 10-12 – A 2 Playhouse. Council Member McCarty also commented on the success of the Christmas event sponsored by the Vinton Breakfast Lions Club for children at the two elementary schools and asked that everyone remember the Tommy Overstreet family. Chasity Barbour showed a p The prints along with bags through the Vinton Area Chamber of Commerce. Under requests to postpone, add to or Manage requested to add under Item K, Town Manager, Section 1, Brief b Request of Bank of Botetourt for a Drive- Up/Drive- Pollard Street, Tax Map Number 060.16-09- 01.00, Zoned CB Central Business District. Council Member Scheid approve the requested addition to the agenda Vice Mayor Liles vote, with all members voting: Vote 5-0; Yeas (5) – Nays (0) – None. Approved adding under Item K, Town Manager, Section 1, Briefings, a new Item Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank Building, located at 410 S. Pollard Street, Tax Map Number 060.16-09- Business District Council Member Stovall made a motion to approve the Consent Agenda as presented; the motion was seconded by McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, (0) – None. Meeting of November 5, 2019 The next item on the agenda was the introduction of a new Police Officer. Chief Officer Justin Baker. The next item on the agenda was the presentation of a Police Department Certificate of Recognition Award. Assistant Chief Drumond made comments regarding the National Night Out Event held on August 6th and after reading the Certificate, presented the 3 The next item on the agenda was the p Budget Presentation Award for the Fiscal Year Treasurer/Finance Department. Anne Cantrell Council that showed the grading that was received each year from GFOA and how they have improved each year. This is the fourth year the Town has received this award and she expressed appreciation to Council and staff for the budget document. Financial Analyst, Department. p Forum at Vinton War Memorial. Debbie hemp. hemp from marijuana, Ms. Custer explained that cannabis strain and compared them to different different products, but look the same. It was her understanding that the State of Virginia was access to a test that will immediately determine if the THC level is higher than the CBD level. If her plant varieties in the hemp mill to be utilized Town. to build a community involvement. To process processing facility and the farmers engaged and there are several that would work. On December 11th from 9:00 War Memorial with a hemp food lunch and she invited Council to attend. 4 The next item on the agenda was the public opening of Franchise Bids for Small Cell Wireless Franchise. that Cox Communications had submitted a entitled “Temporary Nonexclusive Revocable Wireless Facilities License Agreement”. The persons desiring was closed. The Mayor next asked for a motion to direct the Town Manager and the Town Attorney to enter into negotiations with Cox Communications and report back to Council at 2019 meeting. Vice Mayor Liles made the motion as requested and the seconded by Council Member Stovall. Following t regarding the order of the steps in the process to award a License Agreement. The Town Public Hearing January that would be in place. The action tonight is to allow the Town Manager and Town Attorney to Council on December 17th. After further commen that they want to incentivize Cox toward placing them onto Town bui We do not willing to agree to until we ask. A big part will be the price because you can put different prices based the rights-of-way or on Town structures. The motion was with all members voting: Vote 5-0; Yeas (5) – Approved directing the Town Manager and the Town Attorney to enter into negotiations with Cox Communications and report back to Council at 5 The next item on the agenda was a briefing on proposed Ordinance to amend Chapter 82, Streets, Sidewalks, and Other Public Places, Article I, In General, Sections 82-17 and 82-18, add a new Section 82-19 and add a new Article V, Mopeds, Bicycles and Electric Power- Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code. Nathan McClung first commented that these amendments relate to Mr. McClung next reviewed a PowerPoint presentation, which was a pa package and will be on file in the Town Clerk’s Office as a part of the permanent record. There was discussion r Attorney commented that any agreement with a company should include language that would indemnify the Town if an ADA lawsuit was filed. consider the amount of the permit fee. After that Mr. McClung analysis on and report back to Council. After further comments and discussion, the 2020; however, we is adopted. In response to a question asking if we could require that users of scooters carry an believe we would have the authority to do that, but he would research it further and report back to Council. The next item on the agenda was a briefing on Animals, Article I, In General, of the Vinton Town Code. Chief Foster first commented that this proposed Ordinance relates to some problems in controlling their dogs. The attacked or bitten by an animal in a manner that vicious dog or where property is damaged 6 care or precautions. In the Virginia State Code, Section 3.2-6540, a canine or canine crossbreed investigation of law enforcement officer or animal control officer finds that the injury inflicted by the consists only of a single nip or bite resulting in a scratch, abrasion or other minor injurie Essentially there is a lot of room for interpretation in our current ordinance and t what constitutes an injury. Ordinance would make our Town Code a little animal, but the injury is not serious and becomes a habitual proble canine. Hare, former Vice-Mayor, was in the audience and that this relates to a situation that he and his family have had with their neighbor’s dogs. The Mayor invited Mr. Hare to make comments. neighbor’s bulldogs After another neighbor was attacked twice by the Police later came and took the custody. At that time, t Court to start the process of declaring the dog a dangerous dog. Mr. Hare next commented that as the Town Code currently exists, almost no He also requested that the “trespass” be added to the definitions Section. Chief Foster commented September 16th. Council Member Scheid asked if the adding the definition of “trespass” as suggested by Mr. Hare would be acceptable. Chief Foster responded After further discussion regarding the 7 the Courts, the Mayor commented that the Ordinance would be brought back to Council for consideration at their next meeting. The next item on the agenda was a briefing on the Notice of Invitation for Bids (IFB) for the Phase 2A. Anita McMillan commented that there were 12 constructions companies that attended the pre- than the budget. The bids Federal Highway A they meet all of the requirements. Pete Peters commented that Ms. McMillan worked w their system. Five of the bids were very close together and it appears we received but th work is plentiful in the Valley costs have gone up. construction is $396,000. The lowest bid was $468,936 and the second $545,475. would keep them posted. The next item on the agenda was a briefing on a proposed Ordinance to amend Chapter 82, Article III, Public Rights-of- Sections 82-61 -82-63 and Chapter 86, Taxation, Division 2, Telephone of the Vinton Town Code. that the current Town Code companies that have wires on poles have to pay a per foot fee. Since t across the Commonwealth in the late 1990’s the adopted the VDOT Rights-of- which is a average cost of maintaining roads throughout the State. Council adopted an Ordinance 8 The Town Attorney next commented that he recommends deleting two different taxes that the Town has not been charging and has the authority to do so since July 1, 2007. At that time, the General Assembly took this away from the localities and on every locality in the State which is collected at the State level and remitted back to the localities. The proposed Ordinance will also remove the E- 911 tax that was moved to a State-level Town Code. The next item on the agenda was a briefing on telecommunications ordinance that was adopted regulations. Our current Zoning Ordinance does a Districts. We also require a SUP for a tower and mono- requirements, we have to allow small cell by right in any of the districts SUP permit for tower and mono-pole, which can be up to 199 feet. We are basically repealing the section that will have development standards for and mono-poles. The Planning Commission had a Work Section on November 14th to review the proposed Ordinance and a Joint Public Hearing 17, 2019 Council encourage the small cell facilities to be placed in be in the Ordinance. The Tow commented that language would be built into the 9 After further discussion regarding Council’s preferences as to where t that he was focusing more of his attention on the An Ordinance can be amended at any time. He would understand what he and the Town Manager are going to be talking about with they meet with the Cox representatives. Council Member equipment in a certain amount of time. Council Attorney responded no and there is language in the FCC order that says undergrounding projects Beach was able to include that language in their Ordinance because of the millions of dollars they had invested into undergrounding in the last five years. The Town Attorney further commented would add that to the proposed Ordinance. As would push it as far as the law would let us and see if we get pushback from Cox. With regard to any facilities being mounted on a there is a set- of at least 36 inches clearance that any plan would be submitted to the Planning interfere with pedestrian or vehicular traffic. If it 10 The Mayor asked if we could force co-location of should look at how much it cost to co-locate new. The next item on the agenda was a briefing on a request of Bank of Botetourt for a Drive- Up/Drive-Thru Facility in Conjunction with their Pollard Street, Tax Map Number 060.16-09- 01.00, Zoned CB Central Business District Nathan McClung first commented that banks and the Central Business District. However, any kind of drive-thru facility in conjunction with an already permitted use requires a (SUP). on the request at their November 14th Work Session. The bank intends to demolish the current structure on the property, construct a new building to better accommodate the drive- approximately 2,460 square feet and will include an ATM and remote teller. There will also be five standard parking spaces along South Pollard like those in front of the Library. Currently, the plan would be for the ATM facilities to be accessed by utilizing the 10-foot alley one way off of South Pollard. We have requested that traffic. Also, one handicapped parking space will be accessed on East Cleveland which is shown on the handout. There is a l understanding between the Bank and the Town improvements and submittal of a site plan. Staff does find this request to be compatible with the surrounding area and consistent with the zoning ordinance. We have requested that the Planning Commission and Council be given an opportunity to review the proposed site plan and propose ensure that the use will remain compatible when completed. 11 the stacking space on the alley from South Pollard to the drive- Town entered into a Me mutual assurances that they will provide the remain a public right-of-way maintain it moving forward. The next item on the agenda was to consider Manager to execute a Cooperative Agreement to accept a $300,000 Community-wide Brownfields Protection Agency (EPA). November 19th Council meeting on the award of this Grant, which is a reimbursable grant with no local match. Subject to Council’s approval the program to begin in January of 2020 with the establishment of a steering committee to develop a priority list of properties that we undertaking through the three-year grant period. Council Member Scheid made a motion to adopt members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2333 authorizing the Community- Grant from the U.S. Environmental Protection Agency (EPA) The next item on the agenda was to consider Manager to execute a Contract with Draper Aden assist with administra Community-wide Brownfields Assessment Grant (EPA) was briefed on this C 19th meeting and it was reviewed by the Finance Committee on November 12th Committee recommended approval by Council. Council Member McCarty made was seconded by Vice Mayor Liles voting: Vote 5-0; Yeas (5) – Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2334 authorizing the Town Manage administration of the $300,000 Community- wide Brownfields Assessment Grant from the U.S. Environmental Protection Agency (EPA 12 The Mayor commented that he would like to see a comparison of type of work versus these funds could not be used for salary and is designed for the purpose of hiring a consultant in this case. The Town Manager commented that we received notice from FEMA, Regional III, that the approved. Under reports from Council Committees, Pete Peters first commented that the Economic Development Committee met on Novem 2019. With regard to Gish’s Mill, the Committee was updated on the aspects of a redevelopment proposal December 13th deadline. aspects of this redevelopment proposal to the Roanoke County Building Official, F and E constructible. Mr. Peters next commented that everyone feels that it is imperative Designations. The Town has hired a consultant information form that is required to DHR, which is the same process that the Town and the County pursued for Roland E. Cook and Billy Byr Designating the Mill as a historic structure would p that a flood-way project would hold in this case Once the proposal is received, an update will be made to all of Council. With regard to Vinyard Station, all w developer and the Vinyard family and anticipate January 2020. A new roof will be going on the structure within the next two weeks. The Committee was also shown a v RVTV has produced on the joint economic tour with the Roanoke County Board of Supervisors, which will be shown State of the Town address and then regular circulation for social media and RVTV. 13 Joey Hiner reported that the Public Works Committee met on N further discussed the proposed Right-of-Way Ordinance, which will be brought to Council for a briefing after the first of the year. The Committee also discussed the upcoming paving schedule and Mr. Hiner provided Council with a priority list of the upcoming streets for the next two to three phases of paving to be done early Summer and followed by a late Summer or Fall paving. In response to a question, Mr. Hiner commented that with the funds left in the FY2019-2020 budget, they would probably get the first four on the list and the next four or five in the next fiscal year. Some smaller streets on the list paved if they are needed to use up the funds in the budget. For example, Polk Avenue is a very short street that they might pave if they have $15-20,000 left. The next item on the agenda was motion to re-appoint Joey Hiner to the Roanoke Valley Resource Authority for a new four-year December 31, 2023; the motion was seconded by Vice Mayor Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. Re-appointed Valley Resource Authority for a new four- ending December 31, 2023 was still on the Planning Commission and Vice Mayor Liles weeks ago because he is moving to Maryland The Town Clerk advertisement ran in information is on the website and social media about this vacancy and one for an alternate member on the BZA. The next item on the agenda was a request to Meeting, Pursuant Section 2.2-3711 (A)(3) of the held real property, where discussion in an open 14 specifically relating to a sanitary sewer easement on the Methodist Church property and § 2.2- 3711 (A)(7) for consultation with legal counsel the Town's negotiating or litigating posture. Vice Mayor Liles made a motion to convene in Closed Session; the motion was se Council Member Stovall following vote, with all members voting: Vote 5- 0; Yeas (5) – Grose; Nays (0) – Closed Session at 9:52 p.m. At 11:07 p.m., th Council Member Stovall; seconded by Vice Mayor Liles and carried by the following roll call vote, with all members voting: Vote 5- (5) – Nays (0) – None. Certification of Closed Meeting Council Member McCarty made a motion to adjourn the meeting; the motion was seconded by Vice Mayor Liles and carried by the following vote, with all members voting: Vote 5- (5) – Nays (0) – None. The meeting was adjourned at Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, DECEMBER 17, 2019, AT THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall PLANNING COMMISSION MEMBERS PRESENT: Keith Liles, Chairman David R. Jones, Vice Chairman William E. Booth Robert W. Benninger STAFF PRESENT: Pete Peters, Assistant Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Mike Lockaby, Town Attorney Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Nathan McClung, Principal Planner order at 7:00 p.m. The Town Clerk roll with Council Member McCarty, Council Member Scheid, Council Member Stovall, Vice Mayor Liles and Mayor Grose present. Anita McMillan, Planning & Zoning Director called the roll for the Planning Commission with Robert W. Benninger, William E. Booth, Vice Chairman David R. Jones and Chairman Keith N. Liles present. Roll call After a Moment of Silence, Vice Mayor Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty following: December 19 – 5:00-7:00 p.m. – Open House – Charles Hill Community Center and the continue to the end of the year. Council Member McCarty also 2 The next items on the agenda were two Joint Public Hearings with the Vinton Planning Commission. consider Use Permit (SUP) Request of Bank of Botetourt for a Drive-Up/Drive- Conjunction with their Proposed Bank Building, Number 060.16-09- Business District Public Hearing at 7:06 p.m. Nathan McClung commented 2019 meet same. The finds that this use along with the drive-thru Permit request matches the character of the Central Business District in the Downtown. Mr that came up during the briefing with regard to the stacking spaces. Staff did further research and found that our current Zoning Ordinance in general requires five stacking spaces. A standard parking space is 9 x 18 feet. The lot is approximately 130 feet in some areas and approximately 140-150 feet ATM machine will be located out to the alley to Pollard Street. Without the site plan in front of approximately 50- three-four cars to stack. between the ATM and the alley, but the Bank is still considering adjusting the ATM or drive-thru corner of the Bank to ac stacking within their property on the them and make sure that we get the maximum number possible. Council Membe the Staff Report mentioned a discussion with and that t upgrade the alley to accommodate the increased traffic. She would like to make that a condition that they update or improve the alley Public Hearing Opened 3 McClung responded that a proffer cannot be offered off-site since any proffer would go along with the Special Use Permit and f the property. of use. Hearing was closed at 7:12 p.m. Planning Commission Chairman Liles asked if there was a motion to make a recommendation to Council. Vice Chairman Jones motion to recommend Ordinance be adopted approving Use Permit William Booth and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Benninger, Booth, Jones, Liles; Nays (0) – None. Council Member Stovall made a motion to approve the Ordinance as presented; the motion was seconded by Scheid. Council Member Stovall commented that and indicated that he has a loading dock that is accessed from the alley and he make sure that it never gets closed so he loses access to his dock. The motion was with all members voting: Vote 5-0; Yeas (5) – (0) – None. Public Hearing Closed to approve the Special Use Permit Special Use Permit (SUP) Request of Bank of Botetourt for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Street, Tax Map Number 060.16-09-01.00, Zoned CB Central Business District The second Joint Public Hearing with the Ordinance to amend Appendix B, Zoning, Article IV, District Regulations, Division 1, R-LD Residential Low Density District, Section 4-2; Division 2, R-1 Residential District, Section 4-7; Division 3, R-2 Residential District, Section 4- 12; Division 4, R-3 Residential District; Section 4-17; Division 5, R- 4 Business District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M- Section 4- Development District (MUD) District, Section 4- Division 9, Tel Sections 5-61 through 5- Nonconforming Uses, Features, Structures and Lots, Section 6-12; Article VII, Administration & Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code. opened the Public Hearing at 7:16 p.m. Anita McMillan commented that briefed on the proposed Ordinance at their November 5, 2019 meeting. The current Zoning Ordinance has to be a requirements. On November 14, 2019 Planning Commission held a Work Session and Zoning Ordinance. Member Scheid about the removal of facilities be added to the Ordinance, which has been added as Section 5-67. Hearing was closed at 7:19 p.m. Planning Commission Chairman Liles asked if there was a motion to make a recommendation to Council. Bob Benninger recommend that the Ordinance be adopted; the motion was seconded by William Booth and carried by the following roll call vot members voting: Vote 4-0; Yeas (4) – Benninger, Booth, Jones, Liles; Nays (0) – None. Section 5-67 needed to be changed to correct the last sentence. Council Member McCarty made a motion to approve the Ordinance, as revised; the motion was seconded by Vice Mayor Liles and carried with all members voting: Vote 5-0; Yeas (5) – Public Hearing Opened Public Hearing Closed Recommendati to adopt the Ordinance Adopted Ordinance No. 1010, as revised, to District Regulations, Division 1, R-LD Residential Low Density District, Section 4- 2; Division 2, R- Section 4-7; Division 3, R- District, Section 4-12; Division 4, R-3 Residential District; Section 4- 5, R- 5 Business District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M- Section 4-40 Section 4- Regulations, Division 9, Telecommunication Facilities, Sections 5-61 through 5-66; Structures and Lots, Section 6- VII, Administration & Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X, Definitions, Section 10- The next item on the agenda was to consider adoption of an 82-17 and 82-18, add a new Section 82-19 and Electric Power- and Skateboards to the Vinton Town Code. Nathan McClung State Code requirements. no changes to the Ordinance which were highlighted on the policy that was a part of the research, contact with the Commonwealth and considering our size, staff recommends that the annual permit fee be set at $1,000. The requirement was also added that all users must carry a government- issued photo ID when operating a device and if a scooter or bicycle is found improperly parked, notification to the company by the Town. requirement for the government ID, Vice Mayor Liles made a motion to adopt the Ordinance as Council Member Scheid Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Ordinance No. 1011 Chapter 82, Streets, Sidewalks, and Other Sections 82-17 and 82- Section 82- Mopeds, Bicycles and Electric Power- Skateboards to the Vinton Town Code 6 The next item on the agenda was to consider adoption of a Resolution declaring the Town of Vinton a Second Amendment Sanctuary Town. The Mayor referred to the agenda and commented that all speakers would be called to the podium in groups of four and each speaker minutes. The Town Clerk next read the entire Resolution. Delegate Chris Head was the first speaker and Resolution. Fol Doyle, Bill Kayser and Randall Horton, Kevin Spickard and Patrick Harper, all of Vinton and support of the Resolution. statement in opposition to the Resolution. Council Member Stovall support of the Resolution and then motion to adopt the Resolution as presented. Vice Mayor Liles made comments in support of the Resolution and then seconded the motion. Council Member McCarty made comments in support of the Resolution. The motion was carried by the following roll call vote, with all members voting: Vote 4-1 (4) – McCarty, Stovall, Liles, Grose; Nays (1) – Scheid. Adopted Resolution No. 2335 declaring the Sanctuary Town The Mayor, Council Member McCarty, Council Member Stovall and Vice Mayor Liles expressed appreciation to those in attendance and wished everyone a Merry Christmas Happy New Year. Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty following vote, with all members voting: Vote 5- 0; Yeas (5) – Grose; Nays (0) – None. T 7 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 7, 2020 Department Administration Issue Vinton Area Chamber of Commerce 2nd Quarter Report Summary Justin Davison, President, will be at the meeting to give this quarterly report on behalf of the Chamber. Attachments PowerPoint Presentation Recommendations No action required Town Council Agenda Summary Vinton Area Chamber of Commerce 2nd Quarter Upcoming Ribbon Cuttings Greenway & Boothe Realty-January 9th Seven 47 Boutique-Late January Upcoming Lunch & Learns January 8th-Dale Wilkerson March 11th-Lancerlot May 13th-Rosies Upcoming Events Business After Hours-Rosies-January 14th Senior Expo-Vinton War Memorial-March 24th Annual Vinton Christmas Parade Great Volunteers, Entries, & Vendors TOV Night-Illuminights Great brand awareness Great to give back to the community Gave back by serving marshmallows Vinton Landmark Prints & Bags Matted Print 8 x 8 -$15 Matted Print 12 x 12-$20 Landmark Tote Bag-$35 “ ” Thank you for all of the support the Town of Vinton has provided us! We look forward to strengthening our partnership in 2020 Meeting Date January 7, 2020 Department Planning & Zoning Issue Consider adoption of an Ordinance amending Chapter 82, Streets, Sidewalks, and Other Public Places, Article III, Public Rights-of-Way Use Fee and Chapter 86, Taxation, Article IV, Tax on Purchasers of Utility Service, Division 2, Telephone and Division 3, Enhanced Emergency Telephone Service of the Vinton Town Code Summary On November 5, 2019 Council was briefed by Michael Lockaby, a law partner of Jeremy Carroll, Town Attorney, on Cox Communications’ request to use the Town’s public right-of-ways and Town-owned facilities such as street lights and traffic signal poles for their small cell facilities. A Request for Proposals (RFP) for a non-exclusive, long-term franchise to use and occupy the Town’s public rights-of-ways for the purpose of constructing, installing, and maintaining wireless communication facilities and infrastructure was advertised in The Vinton Messenger. At the December 3, 2019 Council meeting, the bid opening was held and only one bid was received from Cox Communications. At that meeting, Mr. Lockaby also briefed Council on the proposed changes to Chapter 82 of the Town Code regarding Rights-of-Way Use Fees and Taxation. Attachment Ordinance Recommendations Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 7, 2020 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Chapter 82, Streets, Sidewalks, and Other Public Places, Article III, Public Rights-of-Way Use Fee and Chapter 86, Taxation, Article IV, Tax on Purchasers of Utility Service, Division 2, Telephone and Division 3, Enhanced Emergency Telephone Service of the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that amendments to Chapter 82, Streets, Sidewalks, and Other Public Places, Article III, Public Rights- of-Way Use Fee and Chapter 86, Taxation, Article IV, Tax on Purchasers of Utility Service, Division 2, Telephone and Division 3, Enhanced Emergency Telephone Service of the Vinton Town Code are adopted and enacted as follows: Chapter 82 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES * * * ARTICLE III – PUBLIC RIGHTS-OF-WAY USE FEE Sec. 82-61. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Access lines means residence and business telephone lines and other switched (packet or circuit) common lines connecting a customer's, or end user's, premises located in the town to the end office switch, but does not include local, state and federal government lines, access lines used to provide service to users as part of the Virginia Universal Service Plan, interstate and intrastate dedicated WATS lines, special access lines, off-premises extensions, official lines used by certified providers of telecommunications service for administrative, testing, intercept and verification purposes, or commercial mobile radio service lines.to the public switched telephone network for the transmission of outgoing voice-grade telecommunications services. Centrex, PBX, or other multistation telecommunications services will incur a Public Rights-of-Way Use Fee on every line or trunk (Network Access Registrar or PBX trunk) that allows simultaneous unrestricted outward dialing to the public switched network. ISDN Primary Rate Interface services will be charged five Public Rights-of-Way Use Fees for every ISDN Primary Rate Interface network facility established by the customer. Other channelized services in which each voice-grade channel is controlled by the telecommunications service provider shall be charged on fee for each line that allows simultaneous unrestricted outward dialing to the public switched telephone network. Access lines do not include local, state, and federal government lines; interstate and intrastate dedicated WATS lines; special access lines; off-premises extensions; official lines provided and 2 used by providers of telecommunications service for administrative, testing, intercept, and verification purposes; and commercial mobile radio service. Cable operator means any person or group of persons that (i) provides cable service over a cable system and directly or through one or more affiliated owns a significant interest in such cable system or (ii) otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system, whether or not the operator has entered into a franchise agreement with the town. Cable operator does not include a provider of wireless or direct- to-home satellite transmission service. Cable system means any facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community, except that such definition shall not include (i) a system that serves fewer than 20 subscribers; (ii) a facility that serves only to retransmit the television signals of or more television broadcast stations; (iii) a facility that serves only subscribers without using any public right-of- way; (iv) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. § 201, et seq., except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (v) any facilities of any electric utility used solely for operating its electric systems; (vi) any portion of a system that serves fewer than 50 subscribers in any locality, where such portion is a part of a larger system franchised in an adjacent locality; or (vii) an open video system that complies with § 653 of Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § 573. Certificated provider of telecommunications service or certificated provider means a public service corporation holding a certificate issued by the state corporation commission to provide local exchange or interexchange telephone service.Provider of local telecommunications service means a public service corporation or locality holding a certificate issued by the State Corporation Commission to provide local exchange telephone service and any other person who provides local telephone services to the public for a fee, other than a provider of commercial mobile radio service (CMRS), as defined in 4 U.S.C. § 124. Provider of telecommunications service means a public service corporation or locality holding a certificate issued by the State Corporation Commission to provide interexchange telephone service and any other person who provides local telephone services to the public for a fee, other than a provider of commercial mobile radio service (CMRS), as defined in 4 U.S.C. § 124. Public highway means, for the purposes of computing the Public Rights-of-Way Use Fee, the centerline mileage of highways and streets of the Town. Subscriber means a person who receives video programming as defined in 47 U.S.C. § 522(20), distributed by a cable operator, and does not further distribute it. 3 Sec. 82-62. – Public rights-of-way use fee. (a) Pursuant to Code of Virginia, § 58.1-468.1, as amended, the town elects to adopt the public rights-of-way fee provided for by such code section. Accordingly, there is hereby imposed upon each access line of every certificated provider of telecommunications service a public rights-of-way use fee in the amount to be established under Code of Virginia, § 56-468.1, as amended. (b) The public rights-of-way use fee provided for by this article is hereby imposed on all cable operators that use the public rights-of-way. (a)(c) The Town will apply the public rights-of-way use fee as calculated by the Virginia Department of Transportation as provided by law. (b)(d) Every certificated provider that provides local exchange telephone service to end users in the town shall collect the public rights-of-way use fee on a per access line basis by adding the fee to each end user's monthly bill for local exchange telephone service. A provider of local telecommunications service shall collect the Public Rights-of-Way Use Fee on a per access line basis and the cable operator shall collect the Public Rights-of-Way Use Fee on a per subscriber basis by adding the fee to each ultimate end user's monthly bill for local telecommunications service or cable service. A company providing both local telecommunications service and cable service to the same ultimate end user may collect only one Public Rights-of-Way Use Fee from that ultimate end user based on (i) the local telecommunications service if the locality in which the ultimate end user resides has imposed a Public Rights-of-Way Use Fee on local telecommunications service or (ii) cable service. The Public Rights-of-Way Use Fee shall, when billed, be stated as a distinct item separate and apart from the monthly charge for local telecommunications service and cable service. If any ultimate end user or subscriber refuses to pay the Public Rights-of-Way Use Fee, the local telecommunications service provider or cable operator shall notify the locality, VDOT, or the Department of Taxation, as appropriate. (c)(e) Until the end user pays the public rights-of-way use fee to the certificated telecommunications service provider or cable operator, the fee shall constitute a debt of the user that is owed to the town or the Virginia Department of Taxation, as applicable. Whenever an end user fails or refuses to pay the fee to a telecommunications service provider, the certificated telecommunications service provider shall notify the town treasurer of the user's identity and the total amount of fees that the user has refused or failed to pay. Such notification of unpaid use fees shall be provided to the town treasurer within two months after the end of each calendar quarter. (d)(f) After an end user pays the public rights-of-way use fee to the a certificated local telecommunications service provider or cable operator, the collected fee shall be deemed to be held in trust by the provider until remitted to the town treasurer or the Virginia Department of Taxation, as applicable. Within two months after the end of each calendar quarter, the certificateda telecommunications service provider shall remit directly to the town treasurer all public use fees that it has collected from end users during the quarter. The Public Rights-of-Way Use Fee billed by a cable operator shall be remitted to the Department of Taxation for deposit into the Communication Sales and Use Tax Trust Fund by the twentieth day of the month following the billing of the fee. 4 (e)(g) Every certificated local telecommunications provider and cable operator shall keep complete records showing all public rights-of-way use fees collected in each calendar quarter. Such records shall be kept open for inspection by the town treasurer or the treasurer's designee. (f)(h) Nothing in this section shall: (1) Relieve any certificated providerperson from complying with the requirements and restrictions imposed by this article, or by other law or regulations, regarding its use of and activities within public rights-of-way in the town including, but not limited to, the placement, construction, repair, maintenance, and removal of its facilities, and street or roadway repairs in the manner required by this article and other applicable statutes, ordinances or regulations; provided, however, that such requirements are no greater than those imposed on all providers of telecommunication services and nonpublic providers of cable television, electric, natural gas, water, and sanitary sewer services; and further provided that any permit or other permission required by this code or town regulations that is sought by a certificated provider regarding its use of and activities within public rights-of-way in the town shall be granted or denied within 45 days of the submission of a complete application; and any denial shall be accompanied by a written explanation of the reasons for the denial and the actions required to cure the denial; (2) Affect the amount payable by a certificated providerany person for the right to place facilities or otherwise use property of the town, including structures owned by the town that are within the public rights of way, other than public rights-of-way themselves, or fees for permits and approvals required by zoning, site plan, subdivision, or comprehensive planning fees provided by general law; (3) Affect the authority of the town to impose a franchise fee upon cable television franchisees, or the obligation of such franchisees to pay the franchise fee imposed upon them; or (4)(3) Affect the authority of the town to impose enter a franchise, including providing for franchise fees, upon with persons who locate facilities or otherwise use public rights-of-way for purposes other than the provision of local exchange or interexchange telephone service or the provision of cable television serviceas provided by law. Sec. 82-63. – Effective date and retroactive effect. (a) This article shall become effective July 1, 19982020, and shall remain in effect until repealed, provided that the rate of the public rights-of-way fee hereby imposed shall be altered annually pursuant to Code of Virginia, § 56-468.1, as amended. As soon as practicable following its adoption, the town manager shall send a copy of this article to the registered agent for each certificated telecommunications services provider and cable provider which offers services within the town. (b) The public rights-of-way use fee established in this article shall apply to all undetermined and unpaid use fees owed by any certificated provider for the period prior to July 1, 1998. 5 CHAPTER 86 – TAXATION * * * ARTICLE IV. – TAX ON PURCHASERS OF UTILITY SERVICE * * * DIVISION 2. – TELEPHONE Reserved. Note: This division formerly concerned a local telecommunications consumer utility tax, which was replaced with the Virginia Communications Sales and Use Tax under 2006 Va. Acts ch. 780. Sec. 86-116. – Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Purchaser means every person who purchases a telephone service. Seller means every person who sells or furnishes a telephone service. Telephone service means local exchange service and mobile local telecommunication service. Mobile local telecommunication service means any two-way mobile or portable local telecommunication service, including cellular mobile radio telecommunication service and specialized mobile radio. Sec. 86-117. – Levied; amount; exclusions. (a) There is hereby imposed and levied by the town a tax in the amount of 12 percent of the monthly charge made by the seller against the purchaser with respect to local exchange telephone service as defined under the provisions of the Internal Revenue Code of 1954, as amended, except local messages which are paid for by inserting coins in coin operated telephones. The tax imposed by this subsection shall not be deemed to apply to that part of the charge in excess of $15.00 per month made by the seller to a purchaser for residential purposes. The tax imposed by this subsection shall not be deemed to apply to that party of the charge in excess of $5,000.00 per month made by the seller to a purchaser for industrial or commercial service. (b) There is hereby imposed and levied by the town upon each and every purchaser or consumer of mobile local telecommunications services provided by a mobile service provider or by retailers of cellular telephone service a tax in the amount of ten percent of the monthly gross charge made by the seller against the purchaser with respect to each mobile local telecommunications service; provided, however, that the tax imposed by this section shall not be deemed to apply to that part of the charge in excess of $30.00 per month by any seller of such mobile local telecommunications service to any mobile service purchaser or consumer thereof. 6 (c) This tax is imposed or levied on a taxable purchaser by a purchaser or consumer of such service, if the purchaser's or consumer's service address is located in the town. Sec. 86-118. – Exemptions. The United States of America, the state and the political subdivisions, boards, commissions and authorities thereof are hereby exempt from the payment of the tax imposed by this article with respect to the purchase of telephone services used by such governmental agencies. Sec. 86-119. – Computation. In all cases where the seller collects the price for telephone services periodically, the tax imposed and levied by this article may be computed on the aggregate amount of purchases during such period; provided, however, that the amount of the tax to be collected shall be the nearest whole cent to the amount computed. Sec. 86-120. – Duty of purchaser to pay. The tax imposed by this article shall be paid by the purchaser to the seller, for the use of the town, at the time that the purchase price or charge for the telephone service shall become due and payable under the agreement between the purchaser and the seller. Sec. 86-121. – Duty of seller to collect, report and remit. It shall be the duty of every seller, in acting as the tax collecting medium or agency for the town, to collect from the purchaser, for the use of the town, the tax imposed and levied by this article at the time of collecting the purchase price charged for the telephone service. The taxes collected during each calendar month shall be reported and remitted for each seller to the town treasurer on or before the 25th day of the calendar month thereafter. The required report shall be in the form prescribed by the treasurer and shall include the name and address of any purchaser who has refused to pay the tax. Sec. 86-122. – Seller’s records. Every seller shall keep complete records showing all purchases of telephone service in the town, which records shall show the price charged against each purchaser with respect to the purchase, the date thereof, the date of payment thereof and the amount of tax imposed under this article. Such records shall be kept open for inspection by the duly authorized agents of the town at reasonable times, and the duly authorized agents of the town shall have the right, power and authority to make transcripts thereof during such times as they may desire. Sec. 86-123. – Powers and duties of treasurer. The town treasurer shall be charged with the power and the duty of collecting the taxes levied and imposed by this article and shall cause the same to be paid into the general treasury of the town. Sec. 86-124. – Penalty for failure to pay and for violations of article. 7 (a) Any purchaser failing, refusing or neglecting to pay the tax imposed and levied by this article and any seller violating the provisions of this article, and any officer, agent or employee of any seller violating the provisions of this article, shall be guilty of a class 4 misdemeanor. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. (b) A conviction under this section shall not relieve any person from the payment, collection and remittance of the tax as provided for in this article. DIVISION 3. ENHANCED EMERGENCY TELEPHONE SERVICE Reserved. Note: This division formerly dealt with a tax imposed for the purpose of supporting the Town’s E-911 emergency response system. This local tax was replaced with a statewide tax under the Enhanced Public Safety Telephone Services Act, 2000 Va. Acts ch. 1064. Sec. 86-126. – Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: E-911 system means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center communications equipment. Local telephone service means switched local exchange access service. Public safety agency means a functional division of a public agency which provides firefighting police, medical or other emergency services or a private entity which provides such services on a voluntary basis. Public safety answering point means a communications facility operated on a 24-hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety service or extend, transfer or relay E-911 calls to appropriate public safety agencies. Sec. 86-127. – Levied; notification to seller of implementation. (a) There is hereby imposed and levied by the town upon every purchaser of local telephone service a tax in the amount of $1.46 per month per telephone line. This tax shall be paid by the purchaser to the seller of local telephone service (referred to in this section as "seller") for the use of the town to pay the ongoing monthly maintenance costs of its E-911 system. (b) The town manager shall notify the seller of the date on which the tax is to be implemented or amended. This notification will be sent by certified mail to the registered agent of the seller 120 days in advance of the date on which the tax is to be implemented or amended. 8 Sec. 86-128. – Collection and remittance of tax; records. (a) It shall be the duty of every seller in acting as the tax collecting medium or agency for the town to add the amount of the tax imposed under section 86-127 to all periodic bills it renders to nonexempt purchasers of local telephone service. The seller shall accept remittances of tax from purchasers at the time it collects the charges for local telephone service and shall report and pay over all tax collected in any calendar month to the town treasurer on or before the last day of the first calendar month thereafter. At this time, the seller shall notify the town treasurer of the name and address of all purchasers who refuse to pay the tax imposed by this article. The tax levied or imposed under this article shall become effective with the later of: (1) Bills dated 60 days after a copy of the ordinance enacting this article is sent to the registered agent of the seller by certified mail; or (2) Bills dated on or after October 1, 1987. (b) Each and every seller shall keep records showing all purchases of local telephone service in the town. These records must show the dates of bills for local telephone service and the amount of tax appearing on each bill. These records shall be kept at the seller's offices for a period of three years for inspection by the duly authorized agents of the town at reasonable times during normal business hours. The duly authorized agents of the town shall have the right, power and authority to make copies thereof. Sec. 86-129. – Exemptions. (a) The United States of America, the state and the political subdivisions, agencies, boards, commissions and authorities of the United States and the state are hereby exempted from payment of the tax imposed and levied by this article. (b) This tax shall not apply to any local telephone service where a periodic bill is not rendered. Sec. 86-130. – Violations; penalty. Any purchaser who willfully fails, refuses or neglects to pay the tax hereby imposed and any seller, or any officer, agent or employee thereof, who with full knowledge, willfully refuses to perform the duties imposed on it by section 86-128 with the intent of preventing the collection of the tax imposed by this article shall be guilty of a class 4 misdemeanor. Each failure, refusal or neglect and each day's continuance thereof shall constitute a separate offense. Sec. 86-131. – Compensation to seller for collection of tax. Whenever the tax levied by this article is collected by the seller acting as a tax collecting medium or agency for the town in accordance with section 86-128(a), such seller shall be allowed as compensation for the collection and remittance of this tax, three percentum of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the town treasurer in accordance with section 86-128(a). 9 This Ordinance adopted on motion made by Council Member ____________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 7, 2020 Department Council Issue Appointments to Boards/Commissions/Committees 1. Board of Zoning Appeals Summary The following appointment needs to be considered by Council: Board of Zoning Appeals Frederick J. “Mick” Michelsen’s term on the Board of Zoning Appeals will expire on January 16, 2020. Mr. Michelsen is interested in being re-appointed to a new five-year term beginning January 17, 2020 and ending January 16, 2025 Attachments None Recommendations Motion to re-appoint Frederick J. “Mick” Michelsen’s to the Board of Zoning Appeals to a new five-year term beginning January 17, 2020 and ending January 16, 2025 Town Council Agenda Summary Meeting Date January 7, 2020 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(1) of the Code of Virginia, 1950, as amended, for 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; namely the Chief of Police. 2. Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration 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 Town, specifically relating to a sanitary sewer easement on the Methodist Church property. 3. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A)(7) for discussion or consideration of the disposition of publicly held real property, namely Gish’s Mill, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Summary None Attachments Certification of Closed Meeting Recommendations None Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 7, 2020 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by _____________________ and seconded by ____________________ with all in favor. ___________________________________ Clerk of Council