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HomeMy WebLinkAbout1/14/2025 - RegularBradley E. Grose, Mayor Michael W. Stovall, Council Member Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 7, 2025 AGENDA Consideration of: Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND CITIZEN GUIDELINES B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS E. INVESTITURE SERVICE 1. Town Clerk administers Oath of Office to: a. Re-elected Council Member Laurie J. Mullins b. Re-elected Council Member Keith N. Liles C. Re-elected Mayor Bradley E. Grose 2. Mayor calls for nominations for Vice Mayor a. Town Clerk administers Oath of Office to Vice Mayor F. APPOINTMENTS 1. Council -appointed Officers a. Richard W. Peters, Jr., Town Manager b. Antonia Arias-Magallon, Town Clerk C. Andrew Keen, Treasurer d. Fabricio Drumond, Chief of Police e. Jeremy Carroll, Town Attorney 2. Council -appointed Committees a. Community Development Committee b. Finance Committee C. Public Works Committee E G. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of December 3, 2024 H. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda REPORTS FROM COMMITTEES 1. Community Development Committee — Nathan McClung J. ITEMS REQUIRING ACTION 1. Consider the adoption of a Resolution revising the procedures for the Citizens' Comments and Petitions section at regular Town Council meetings. — Town Clerk K. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Board of Zoning Appeals — Town Clerk 2. Planning Commission — Town Clerk L. TOWN ATTORNEY M. TOWN MANAGER'S PROJECT UPDATES/COMMENTS N. COUNCIL AND MAYOR O. WORK SESSION 1. Biennial FOIA Training for Town Council and Town FOIA Officer— Jeremy Carroll P. ADJOURNMENT NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS: January 15, 2025 — 9:00 a.m. — Public Works Committee Meeting — PW Conference Room January 20, 2025 — Town Offices Closed in Observance of Martin Luther King Jr. Day January 21, 2025 — 3:00 p.m. — Finance Committee Meeting — TOV Annex January 21, 2025 — 6:00 p.m. — Regular Council Meeting — Council Chambers E Town Council Agenda Summary Meeting Date January 14, 2025 Department Council Issue Appointments of Council -appointed Officers: a. Richard W. Peters, Jr., Town Manager b. Antonia Arias-Magallon, Town Clerk C. Andrew Keen, Treasurer d. Fabricio Drumond, Chief of Police e. Jeremy Carroll, Town Attorney Summary Council needs to appoint the five Council -appointed Officers. The Council -appointed Officers terms will end on December 31, 2026. Attachments None Recommendations Resolution to approve appointments of Council -appointed Officers Town Council Agenda Summary Meeting Date January 14, 2025 Department Council Issue Appointments to Council -appointed Committees a. Community Development Committee b. Finance Committee C. Public Works Committee Summary Council needs to make appointments to the Council -appointed Committees. Attachments Boards and Commissions Booklet Summary Page — Council Committees Recommendations Resolution to approve appointments to Council -appointed Committees KUM T, [-X "I, Community Development Committee - one of three standing Council committees. The purpose is to review and provide guidance to staff in Planning & Zoning, Community Programs & Facilities and Economic Development. These meetings provide an opportunity for the elected officials to stay abreast of activities in these three departments. The committee provides written or oral reports back to the entire Council at subsequent meetings. I 111�1 11 ;111 ii �Iiiilllijj NAME ADDRESS INITIAL TERN 1 COUNCIL APPOINTNIENT EXPIRES ACTION Keith N Liles 702 Clearview Drive 011�'0311`2023 12;3 11'2024 CM-011"03/2023 Sabrina M I'VtcCarly 1781 k1eadows, Road 01!03,1`2023 12131,1 CM-01"D12023 -1�—athan McClunq 311 South P61-1ard Street n';1 a n,,,. a n.,a I Finance Commiftee - one of three standing COUncil committees. The purpose is to review and provide guidance to staff related to all financial policies, financial statements, and audit reviews. Monthly meetings are held to track and analyze expenditures, revenues, cash flow. budget forecasts, and capital projects. These meetings provide an opportunity for the elected officials to stay abreast of financial management decisions and trends, The committee provides written or oral reports back to the entire Council at subsequent meetings, where financial reports are accepted monthly by the entire Town C*Uncil. MMM 1112TWIM \\/\\\� w Keenon Richard W. Peters, Jr FA . _: ƒ �j�� / : , � 107 ±»##na Drive ----------- -1 -- --- -- --- 311 South Pollard Street 311 South Pollard Street 311 South Pollard Street G/2023 Ll2L31/2024 n"a n/a a ni, a n1a n."a MMEWWWAVIIIIII4011 CM-01/0312023 ma ma ri�:a U U M N LT y0mra M Eel MIA U1 ¥ublic Ttorks Commiftee - one of three standing Council committees. The purpose is to review and provide guidance t�� © related to major public works policies, services, and projects. These meetings provide an Opportunity for the elected officials to stay abreast Of public works (water, sewer, roads, refuse, stormwater, buildings, etc-) activities. The committee provides written or oral reports back to the entire Council at subsequent meetings. IIIIIIII!q ! i I I ill, I � 1, iilmm� NANIE ADDRESS INITIAL TERM COUNCIL APPOINTK4ENT EXPIRES ACTION Sabrina M. McCarty 1781 Meadows Road CM-01103/2023 Laurie J. Mullins Williarn Herndon —i WIMMMM"'Zom Town Council Agenda Summary Meeting Date January 14, 2025 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of December 3, 2024 Attachments December 3, 2024 minutes Recommendations Resolution to approve minutes MINUTES {]FAREGULAR MEETING {]FTHE V|NTONTOWN COUNCIL HELD AT6:0O P.M.(]NTUE8DAY'[]ECEK4BER3.2U24.|NTHE COUNCIL CHAMBERS [>FTHE V|NTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley EGrose, Mayor Michael VV.Stovall, Vice Mayor Keith N. Liles GGbhnGyW. McCarty Laurie J.Mullins STAFF PRESENT: Richard Peters, Town Manager Cody Sexton, Deputy Town Manager F8bhCiODOJ0ODd,Police Chief K48rGhG|| Gt@n|8y. ECOn0rniC [)8v9|Opnoert Specialist Jeremy Carroll, Town Attorney The Mayor called the Work Session hmorder mt Mr. Sexton commented that Town Staff met with the City Of Roanoke Staff regarding the opportunity for 8 CVrnp|et9 streets and safety project on Gus Nicks Boulevard in September 2024. The City 0fRoanoke has been looking at redesigning Gus Nicks Boulevard. The City of Roanoke has moved upits pavement schedule for Gus Nicks Boulevard. The plan is to repave the entire length VfGus Nicks Boulevard sometime in the spring O[early summer. The TOVVO had p|8DS for the redevelopment of Gus Nicks Boulevard. Since the City is working on redesigning many of its 8trH8tS. the Town found if beneficial for the City [Oredesign Gus Nicks Boulevard 8Swell, [Owhich the City agreed. The Town will pay for traffic counts 8|OnA the n38d and materials for 8 de0ODSt[8UOD Of the proposed new t[8fUC patterns. The Town will also reimburse the City for the cost 0fthe milling, paving, and striping for the TOVVD'S portion Of Gus h|iCkS Boulevard. M[. Sexton reviewed a PowerPoint that showcased the project and designs of the Str9HL The new design would turn the four lanes into three |8n8S with the middle |8O8 being @ left turn lane. There VVOU|d also be 8 0U|ti0Od8| mobility L[8Ch 8|ODg the south side 0fthe entire length Ofthe road. Council expressed appreciation for the work being The Work Session adjourned at 5:46 p.m. Mayor Grose called the meeting to order at Roll call 6:00 p.m. M8[Sh8U S[8D|8y C@U6d the nDU with Council Member Liles, Council Member McCarty, Council Member Mullins, Vice Mayor Stovall, and Mayor Grose present. After a Moment of Silence, Debbie Adams, n8pr8Gent@Uw8 of the Vinton K88GG8nger. |8d the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ GOOOUOQe0DeOtS' and C�}UOCi| /\CUVitiHS. COUOCi| W1eDlbe[ McCarty 8DOOUOD8d the fO||OVViDQ: December 5—Tree Lighting at p.m. and the Christmas P8n@d8 at Y p.m.; [)8C8nnbHr 10 — 88Ot8 C[8YV| starts Gt5 p.0. from the Vinton War Memorial; Oeoember24 and 25—Town Offices {}|0G8d in ObSenx3nC8 of Christmas; and January 1 —Tovvn Offices Closed for the observance of New Year. Council Member McCarty encouraged everyone to visit the CODlDlUOitV's OO8Dy [8Si@Un8OtS and entertainment venues and to f0||0vv the TOvvn'8 GVCi8| media and vv8bSitefor more information. Council Member Mullins announced the fVU0vvDg Council activities: November 20—Mayor Grose helped lead a tour for the Boys and Girls Council Member Liles made a motion to approve the Consent Agenda as presented; the motion was seconded byCouncil Member Mullins and carried bythe following vote, with all members voting: Vote 5-0; Yeas (5) — Li|8S' K8CC8dy, K8U||iDS' SiOV8||' Grose; Nays (U)—None. Under awards, introductions, presentations, and prUC808UODS. D8pUb/ TOVVO K4@O@ge[ Sexton presented the Certificate 0fDistinguished Budget Presentation Award for the fiSC8| year 2024-2025. which was 8VV@rd8d to the TOVVO. This iSthe ninth year that the Town has received the award. Council expressed appreciation for all those who work hard OOthe budget. Under citizen comments and petitions, Joe VVhiUDQ' resident 8L2511 K8OUDt8iD Valley Road, Vint0n, Virginia 24179 gave @ prayer for the Approved rninuf8S of the Regular Meeting Of October 15. 2024. and regular meeting schedule for calendar year 2O25. � Under items requiring action under the agenda, there was a motion to consider the 8dOpUUO Of @ ReSO|UUOO U[QiO0 the Virginia General /\SSHrnb|y UJ uphold the ban On ^SkiU^ gaming nn@Chin8G to enforce rneGSun8S that protect communities from their predatory O8iUne. Town W18n8g8r Peters COnono8nted that this ReSO|UtiOD is to fU0O@|k/ express the Town Of ViDiOD'S pOSiUOD urging the Virginia GeO8[8| /\GG8rnb|y to maintain the existing ban on "skill" g8OOiO0 Dl@ChiOeS, highlighting their detrimental iDlp8CtS OD COOnDlUDiUeS, and 8dVOC8tiDg for stricter 8nh]n:Vno8nt rn8GGun8S. The F|8S0|uU0n will be Sent to representatives of the Virginia General Assembly and the Governor to CODlnOUDiC8te the TOVVO'S St8DC8. Chief D[UDlOOd C0nnno8nt8d that the PO|iC8 Department has p[O8C[iVe|y worked with the CO00ODweG|Lh'S Attorney. Letters of the recent change regarding Shi|| games were sent out to businesses. There are ChG||8ng8G with some buSinVSS8G who are arguing whether itiS8skill game that they have iO their business. Vice Mayor Stovall made amotion tmapprove ReSO|UtiOD UFQiDg the Virginia General /\SSe[Dbb to uphold the ban on "skill" gaming machines to enforce measures that protect communities from their predatory D8tU[B; the motion was seconded by C0VDCi| Member K8U||iDG, carried by the fnUOvviDg n0U C8U vote, with all DleOlbe[S voting: Vote 5-0; Yeas /5\ — U|eS' MCC@rtv, MUUiDS, Stovall, Grose; Nays (0) — None. Town Manager Peters wished Council Merry ChhStnO8S and CO[DOO8Oied OO the UpCOFOiOg holiday events. Council expressed appreciation towards Vinton businesses, Sf@ff. Town events, and wished staff 8Merry Christmas. The next item mmthe agenda was a request to convene in G {}|VG8d Meeting, Pursuant to 8 2.2- 3711 (A) (1) of the 1950 Code of Virginia, as 8Dl8DdDd, for diSCUSSiOD Of the 2DOU8| performance 0fthe Police Chief. The Council Convened in C|0Sed SHSSiOn at0:25 Approved ReSO|UUOD No. 2621 urging the Virginia General Assembly to uphold the ban On "skill" gaming rn@Chin8G to enforce no88Sun8S that protect communities from their predatory O8iUr8. At 7:16 p.m., the regular meeting reconvened, and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on a motion by Council Member Liles; seconded by Vice Mayor Stovall and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) — Liles, McCarty, Mullins, Stovall, Grose; Nays (0) — None. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) — Liles, McCarty, Mullins, Stovall, Grose; Nays (0) — None. ATTEST: Antonia Arias-Magallon, Town Clerk Certificate of Closed Meeting Meeting adjourned at 7:17 p.m. Bradley E. Grose, Mayor M Town Council Agenda Summary Meeting Date January 14, 2025 Department Planning and Zoning Issue Community Development Committee Summary The Community Development Committee met on December 18, 2024. Mr. McClung will provide a report on the items discussed at the Committee Meeting. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 14, 2025 Department Administration Issue Consider the adoption of a Resolution revising the procedures for the Citizens" Comments and Petitions section at regular Town Council meetings. Summary The updated guidelines introduce clear rules for citizen participation during Town Council meetings, including the following key points: • Citizens must submit a speaking request to the Town Clerk by 12:00 PM on the Monday before the meeting. • Speaking topics must align with the original request. • A three-month restriction applies for repeating topics unless new developments are presented. • Public hearing -related comments are confined to the specific hearing period. • Each speaker will have three (3) minutes, with adjustments based on participation numbers. These changes aim to foster efficient and respectful dialogue while ensuring compliance with state law. Attachments Resolution Recommendations Motion to adopt Resolution RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 14, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. A RESOLUTION TO APPROVE UPDATED GUIDELINES FOR CITIZEN COMMENTS AT TOWN OF VINTON COUNCIL MEETINGS WHEREAS, the Town of Vinton strives to promote transparent and effective communication between citizens and the Town Council; and WHEREAS, the existing procedures for the Citizens' Comments and Petitions section during regular Town Council meetings require updates to ensure clarity, fairness, and adherence to legal requirements under Virginia Code § 15.2-14161); and WHEREAS, the proposed guidelines will enhance citizen participation, maintain orderly proceedings, and outline clear expectations for all participants. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vinton, Virginia, that the updated guidelines for the Citizens' Comments and Petitions section, as outlined in the attached document, are hereby adopted and will become effective immediately upon approval. This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: NAYS: Bradley E. Grose, Mayor ATTEST: Antonia Arias-Magallon, Town Clerk Vinton Town Council Public Participation Guidelines First and Third Tuesday of each month at 6:00 p.m. Citizen Participation: All citizens who wish to speak during the Citizens' Comments and Petitions portion of a regular Town Council meeting must submit a notice to the Town Clerk by Noon, the Monday prior to the meeting. Confirmation of receipt of the notice will be provided. For good cause, the Mayor may allow a citizen to speak during the public comment period even if the required notice was not submitted. Eligibility: All citizens are eligible to speak at the meeting. Agenda Items: The Mayor will recognize citizens addressing topics not listed on the agenda. Speakers must adhere to the subject stated in their original request. Repeat Comments: Citizens who have previously spoken on a subject during the Citizens' Comments period or a public hearing may not address the Council on the same topic again for three months, per Virginia Code § 15.2- 1416D. Exceptions may apply if substantial new information or developments have occurred since the initial discussion, as determined by the Council or Town Clerk. Public Hearings: Comments specific to advertised public hearings may be made during the respective agenda item. Citizens may not discuss issues related to upcoming public hearings or hearings that have already concluded. Speaking Rules: • Speakers must provide their name, address, subject, and note any affiliations (e.g., firm or group). • Comments are limited to three (3) minutes. If more than five individuals wish to speak on an item, a two (2) minute limit will apply, enforced with an electronic timer. • Speakers may not transfer their speaking time to others. Prohibited Conduct: • Campaigning for public office. • Promoting private business ventures. • Engaging in personal attacks or audience debates. • Using profanity or abusive language. • Bringing animals into the Council Chambers. Meeting Notices: Public hearings will be advertised as required by Virginia law and are typically held during regular meetings at 6:00 PM. The Council may schedule special meetings or adjust meeting times with prior notice to the media in compliance with state law. Town Council Agenda Summary Meeting Date January 14, 2025 Department Council Issue Appointments to Boards/Commissions/Committees Summary Council needs to make appointments for the following: Board of Zoning Appeals Teresa Davis's term on the Board of Zoning Appeals expires on January 16, 2025. Ms. Davis is interested in being re -appointed. Council needs to re -appoint Teresa Davis to a new five-year term beginning January 17, 2025, and ending January 16, 2030. Planning Commission Bob Benninger's term on the Planning Commission expires on January 4, 2025. Mr. Benninger is interested in being re -appointed. Council needs to re -appoint Bob Benninger to a new four-year term beginning January 5, 2025, and ending January 4, 2029. Attachments None Recommendations Resolution appoint individuals Board of Zoning Appeals - made tip of five citizens who are appointed by Town Council. The rnain role of the BZA is to hear variance applications relative to the Town of Vinton's Zoning Ordinance - A variance request is typically made when a property owner feels that the strict application of the Zoning Ordinance will create a unique and undue hardship on how he or she intends to Use the property. Meeting schedule - The Board of Zoning Appeals meets on an as -needed basis, When an application is received, a meeting is scheduled with the board members as soon possible - Terms - Members serve five (5) year terms. MEMBERS MUST BE CERTIFIED WITHIN TWO (2) YEARS OF APPOW, 11MENT. Contact - Planning and Zoning Director, (540) 983-0601 NAN,,IE ADDRESS INITIAL COURT TERM COUNCIL ACTION APPOINTMENT ORDER TERNI EXPIRES BEGINS Robert W. Benninger 1206 Jeanette Avenue 04,'02,2019 051.120,2019 01/16`2029 CM-02102,2024 Teresa Davis 1061 Maywood Drive 06115/2021 06115/2021 01,16;12025 CNI-06/15120Z�_ Allen S. Kasey 105 Giles Avenue 01117i2006 01,1511"2021 011116i2026 CM-01:f05,2021 Vacant (Alternate) 02,101 "2024 0311,22 'i2024 02.115,2026 CM-0111161/2024 No 928 NorbOUrne Avenue OZ1 6 "2021 02:16142021 06/30,2027 CM-061121112022 mm -Nleqhan Moore (Alternate) 210 North Blair Street 03/02!2021 0102,2021 06113012027 CM-06 " 2 1,12022 -Kellie Mandy Fallen 606 East Morrison Avenue 0 1 /1612018 011,116/2028 CNI-01/012023 Planning Commission - made Lip Of five citizens who are appointed by the Town Council. The Planning Commission serves as an advisory board to the Town Council. Commissioners make recommendations on a variety of land use issues, including rezonings, special use permits, greenways, special development ordinances, and changes " updates to the Vinton Zoning Ordinance. The Planning Commission is also in charge of preparing and maintaining the Town's Comprehensive Plan, and recommending changes to reflect new land use policies. Additionally, cornmissionerS undertake special projects and develop programs designed to ensure the implementation of policies and programs contained in the Comprehensive Plan, Meeting Schedule - as -needed basis, Meetings are scheduled after an application IS Submitted to the Planning and Zoning Department, usually within 4-6 weeks of the application date. This is required for the Town to adequately review applications and to meet the public notification requirements of the Code of Virginia. Terms - Members serve four (4) year terms with staggered terms, MEMBERS MUST BE CERTIFIED WITHIN TWO (2) YEARS OF APPOINTMENT. 10=4 Jonathan McCoy Keith Liles -Josh Mullen Robert W. Benninger David R Jones 011119MM 432 East Jackson Avenue 702 Clearview Drive 616 Olney Road 1206 Jeanette Avenue 806 Oln.!�y Road I INITIAL TERM COUNCIL ACTION APPOINTMENT EXPIRES 04,19112022 06/0 1 /2028 CM-05/21/2024 09,,'15112015 0611`06f'2028 CM-05/21/2024 11 !0311`2024 11 ""02.1;2028 CM-1&'15,,2024 61l,'03/2017 0111`04/2025 CM-0 1 "D5t"2021 63!0 1 E`2007 021'2811,2027 C%1-021,'07/2023 Town Council Agenda Summary Meeting Date January 14, 2025 Department Town Attorney Issue Briefing on FOIA training for Town Council. Summary As of July 1, 2020, all local elected officials and executive directors and members of each industrial development authority and economic development authority are required to receive FOIA training "within two months after assuming the local elected office and thereafter at least once during each consecutive period of two calendar years commencing with the date on which he last completed a training session." Attachment None Recommendations None Town of Vinton Town Council, January 14, 2025 All Ma ,!^ 1 I � Et I I body or its officers and employees, and free entry to meetings of public bodies wherein th'al business of the people is being conducted. I All public records and meetings shall be presumed open, unless an exemption is property invoked. The provisions of this chapter shalt be liberally construed: 1. to promote an increased awareness by all persons of w wgovernmental activities; and AR public records are presumed to be open unless specifically Anything written or recorded in any way that relates to the "transaction of public business." emaiting each other rates The definition of pubtic records includes the personal records of an individuat member if they have been prepared or hetd by the member in the transaction of pubtic business. This inctudes paper and etectronic messages about the business of a pubtic body, sent or received by members of the body. YOur emails and text messages that pertain to Town or e subject is FOIA. You should use only your official Town email account when communicating regarding Town business so that if you are asked to produce a `Town's IT rff can s kin sure you produce all emails in response to a request. Virginia Public Records Act, Virginia Code §§ 42.1 - 76 to 42.1-90.1 By statute you must retain public records, including emails and text messages, for 11 designated periods of time. Library of Virginia has established a public records retention schedule Any time anyone asks a government official for a public record . . . . that's a FOIA request. They don't have to make request in . .writing or use the term "FOIA." A request must identify the requested records with reasonable m . . . . . The Town may request that a person write down but cannot compel them to do so. 8 W 9 If the response is large or difficult to pull together, the Town can take up to seven more business days by sending a letter that automatically extends the deadline. If the response cannot be completed within the additional seven days, the Town can ask the requester for a further extension. If thio requester won't agree, then the Town can ask the courts for a further extension. 1. The requested records are being provided. t.,-. The requested records are being entirely withhel matter Must identify with reasonable particularity the volume and subject withheld rMust cite to the Code section that authorizes withholding 3. The requested records are being provided in part and withheld in part. 4 4. The requested records could not be found or do not exist. matter Must identify with reasonable particularity the volume and subject withheld rMust cite to the Code section that authorizes withholding 3. The requested records are being provided in part and withheld in part. 4 4. The requested records could not be found or do not exist. Must have policy addressing current fees and methodology for assessing May • '" for actual (or a reasonable approximation) of fulfilling the request. May provide means for electronic payment. Before making any search, must r charge # e. records, and ill notifys whether r'ar., they want cost estimate before proceeding with the search. If requested, ! ++ir .. provide in good ,. ill l processing.If the estimated cost is over $200, may request a deposit prior to searchingCan charge for time spent accessing, duplicating, supplying and r This includes exclusion/ redaction i rM and i includes materials , . ,I +Ml.. " . and salaries people the work. If someone it 1i:y a forprevious FOIA s M ill day So a citizen asks fori now what? The Town employee who received the request sends it to the designated Town must designate and pubticty identify FOIA officer on its website ani. on the website of the Freedom of Information Advisory Councit. estimate FOIA Officer contacts relevant staff to pull documents together an and Acts as liaison with Town Attorney for complex issues of Determines if any exclusions are applicable. Redacts any documents. f 0 FOIA is liberally construed in favor of disclosure. To withhold a g @ e 4 document, the Town must be able to identify an applicable Do not have to create records that do not exist. However, if b � information can be extracted from a database using a standard 9 report, must do so. If part of a document is subject to an exclusion but part is not, 0 0 Y 0 the Town must redact the part to be excluded and provide the e ! 0 disclosure.part that is subject to records.Personnel information, except to the subject of the Proprietary information or trade secrets provided by an economic development prospect under an NDA. Work product or memoranda of legal counsel. Confidential information related to the negotiation of a public contract where release of info would affect the Town's bargaining position or negotiating strategy (prior to award). Working papers of the Town Manager (i.e. records prepared for m personal use). WPM iiiii;iq Hawkins v. Town of South Hill, 301 Significantly narrowed scope of exemption "Personnel +r - to facts, or statements" that relate to a specific government- ;tmployee, which are in the government's possession and ;,ubject to disclosure only because of the employee's ;tmployment, and the disclosure "would constitute an unwarranted personal ► I Provisions of Title 58.1 of State Code prevail over FOIA when there is a corporation. Exceptions: Public assessment rolls (like the [and book); sale price, dimensions, date of construction, or other information customarily put on building permits; real propertyassessment appraisal What to do?, A treasurer can seek a protective order, either for a FOIA Bottom Line: FOIA penalties are much less than the criminal penalties provided in Title 58.1 of the State Code. 1. Criminal incident information relating to felony offenses (S 2.2- a committed, d. The identity of the investigating officer or other point of contact, and e. A general description of any injuries or damaged or stolen 3. Adult arrestee identity, status of charge and arrest (S 2.2- 4. Completed unattended death investigation (S 2.2-3706(A)(3)) Discretionary releases (S 2.2-3706(B)) Excluded from mandatory disclosure but may be disclosed in the discretion of the custodian information Incident reports, depending on information, may be disclosedn art and withheldn part CAD reports can often be provided in part, withheld in part. Body camera footage typically is discretionary informationProhibited from releasing the identity of any person providing or criminal activitypromise anonymity "2.2-3706(C)). I personEven for discretionary releases, cannot provide information that would interfere with an ongoing investigation, would deprive a of a right to . fair trial, d, invasion of privacy, would disclose a confidential source, or would disclose law enforcement t, .1 (E)) Noncriminal ".mustbe disclosed, redactions recordsrelease (S 2.2-3706(E)). Any time three or more members of a public body (or a quorum., if less) discuss public business simultaneously, it's a meeting. discussion public. Agendas and agenda packages must be made available to the public simultaneously with providing them to Town Council. Must be in an ADA-accessible space. The public and media nee-4- to be allowed in, and may tape or photograph the events. g posted; Must provide notice to anyone who has requested it (i.e., Provide such notice at the same time it is provided to the members of th public body. bome types of actions require much more than three days - notice, and require a public hearing: Take land use action (rezoning, comp plan amendment, special gi permit) exception Special periods for many other things (check Virginia code if Adopt tax rate and budget not sure) square What if it isn't done right? The action never tegatty happened. Go back to Definition of "meeting" under VFOIA (Va. Code S 2.2-3701): work Cressions ... as a body or entity, or as an informal assemblage of: (i) as many as three members or; Exceptions - when gatherings do not constitute meetings under VFOIA: A gathering "where no part of the purpose of such gathering or attendanct is the discussion or transaction of public business, and such gathering or attendance was not called or prearranged with any purpose of discussing or transacting any business of the public body"; or A public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business (even if the performance of the members is a topic of discussion at the meeting). The meeting is subject to open meeting requirements (public notice; provision of agenda and related materials, written minutes, etc.). Court therefore seeks to apply its "plain and ordinary" meaning and is guided by the context in which the phrase is used. Court noted the requirement that VFOIA exceptions be construed narrowly and favoring open and transparent government. Hallmarks of "public business" as found by the Court-, (1) Must relate to a subject that falls within the purview of that public body So, topics that may constitute public business for one public body (e.g., City Council) may not constitute public business for another (e.g. Economic Development Authority) (2) Cannot merely be something that conceptually could, in the future, come before the public body. Must be something that is before the public body or likely to be in near future. Court's definition of "public business": "public business" means "business that is on a public body's agenda or is likely to come before the public body in the foreseeable future." l public meeting"limitedimeans ", public getsspeak,only at designated times and subjectplaces and `; Citizens' comment and public hearings are controlled by rules and are largely in the discretion of the Chair. A body may set time limits and the Chair may require peoples' comments to be germane and not to resort to personal ad hominem attacks, but otherwise, people are allowed to say what they want. Closed meetings should be the exception, not the rule. You have to identify specifically what you're going in for. The motion must identify (1) the subject matter for the closed meeting, (2) the purpose of the closed meeting, and (3) the statutory exemption that permits the closed meeting. i e common reasons Personnel: To discuss specific personnel, where names will be named, Legal Counsel: Consult with legal counsel about a specific legal matter or about! Economic Development: Discuss a previously unannounced economi development project considering locating or expanding in the Town where negotiation is involved and disclosure would adversely affec .. To .�, .. Investment of Public Funds.: Where competition or bargaining is Contracts: Discuss a public contract when discussion in open session would compromise your bargaining strategy. Acquisition or Sale of Real Estate: Only when discussion in public would compromise your negotiations. No action agreed to in a closed meeting shall become effective unless the Council reconvenes in an open meeting and takes a Va. Code 5 2.2-3711 (B). Every closed meeting must be certified. This means that every member must certify that to the best of that person's 1 Vote is by a roll call. If you believe there has been a departunt from FOIA, say it now. 9 citizenDistrict Court or Circuit 9 Enforcement of FOIA is by 9 gi Typically, the only relief available to a petitioner is injunction or Petitioner usually gets his or her attorney's fees, if successful. If the violation was willful and knowing, then the person may ha)�- personal civil penalty of between $500 and $2,000 for a first Isl *-,,ffense, and between $2,000 and $5,000 for subsequent offense . An " avoid responding to violationswill have to pay a personal civil penalty of $100 per record. A public body will be fined an additional $1,000 for willful and knowing ..meeting In declared emergency, law permits electronic meeting without quorum being physically assembled in a single location (S 2.2-3708.2). In absence of a declared emergency, taw requires a quorum to be physically present in one location. I I I W, re W- #3 MI =1 ff M-1 Wins T11 MaTAIMMITORM Ml Iff"Wo Has a family member with a medical condition they must attend to that prevents them from attending or is a caregiver for a family member with a disability; . 1"ImmammErm The member has a personal matter that prevents their attendance, but this may be done no more than twice a year or 25% of meetings, whichever is greater. The Council member must contact the mayor and state the reasons for remote participation prior to the meeting, and their reasons must be recorded in the minutes. lir FOIA Officers must have annual training either from their legal counsel or the FOIA Advisory Council. FOIAAdvisory Council will respond to questions from citizens and ffi officials,public in, or are close to, litigation. but will generally not respond to questions that ar OfficersThe Town Attorney will advise all Town departments and elected officials, including constitutional officers, upon request. FOIA must be registered iCouncil.