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HomeMy WebLinkAbout1/19/2021 - Regular1 Vinton Town Council Regular Meeting Tuesday, January 19, 2021 at 7:00 p.m. PARTICIPATION WILL BE BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY The Vinton Town Council will hold its regular meeting at 7:00 p.m. on Tuesday, January 19, 2021, using electronic communication means without the public being present in the Council Chambers. Participation by Council members, staff, and the public will only be available through electronic means. The public will have access to observe this regular meeting of Town Council through a livestream on the Town’s Facebook page at www.facebook.com/vintonva. Citizens may register to speak at this Council Meeting by calling the Town Clerk’s Office at 540-983- 0607 or sending an email to sjohnson@vintonva.gov by 12 Noon on Monday, January 18, 2021. Once registered, the citizen who wishes to address Council will be provided the Zoom meeting information and will be allowed to join the meeting and address Town Council by electronic means. AGENDA Consideration of: A. CALL TO ORDER B. CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AND ROLL CALL C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS G. CONSENT AGENDA 1. Consider approval of minutes a. Regular Council Meeting of December 15, 2020 b. Regular Council Meeting of January 5, 2021 Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. Consider adoption of a Resolution transferring salaries and benefits in the amount of $983,508.00 reimbursed by the CARES Act Funding from the General Fund to the Capital Fund. 3. Consider adoption of a Resolution appropriating funds in the amount of $1,509.00 received to satisfy a five-year commitment for façade improvements to property recently sold and located at 107 South Pollard Street recently sold to the Façade Grant Account. 4. Consider adoption of a Resolution appropriating funds in the amount of $500.00 received from AMVETS to the Vinton War Memorial Operating Supplies Account. H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Police Department – Chief Drumond a. Introduction of new Police Officer b. Recognition of Brandon Alterio – Roanoker Magazine’s Top 40 under 40 c. Recognition of Promotions 2. Presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2020 awarded to the Treasurer/Finance Department – Anne Cantrell I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Briefing to update on the meter and software upgrade project in the Utility Fund – Anne Cantrell/Dave Miller with Core & Main b. Briefing on proposed Ordinance to amend Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code – Nathan McClung 2. ITEMS REQUIRING ACTION a. Consider adoption of an Ordinance to amend Section 78-16 of Article I, In General, and Section 78-43 of Article III, Penalties, of Chapter 78, Solid Waste, of the Vinton Town Code – Town Manager b. Consider adoption of a Resolution opposing Boat Landing Access Fees by the Virginia Department of Wildlife Resources – Town Manager c. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Personal Property delinquent taxes and Vehicle License Fees over five years old from the active records to a permanent file – Anne Cantrell 3 d. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding water and sewer delinquent bills over five years old from the active records to a permanent file – Anne Cantrell 3. PROJECT UPDATES/COMMENTS L. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee 2. Public Works Committee M. MAYOR N. COUNCIL O. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: February 2, 2021 – 7:00 p.m. – Regular Council Meeting February 8, 2021 - 2:00 p.m. – Finance Committee Meeting NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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. Meeting Date January 19, 2021 Department Town Clerk Issue Consider approval of minutes a. Regular Council Meeting of December 15, 2020 b. Regular Council Meeting of January 5, 2021 Summary None Attachments December 15, 2020 January 5, 2021 Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Barry Thompson, Town Manager Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Anita McMillan, Planning & Zoning Director Chasity Barbour, Community Programs & Facilities Director Lydia Verdillo, Senior Financial Analyst The Vinton Town Council meeting was held via Zoom with livestreaming on the Town of The Mayor called the regular meeting to order at The Town Clerk called the roll with Council Member Liles, Council Member Mullins, Council Member Stovall, Vice Mayor McCarty and Mayor Grose present present, confirmed that the meeting was being 1016 and Section 4-0.01(g) of Chapter 1289 of the 2020 Acts of the Virginia General Assembly and electronic means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ commented on the success of the Santa Claus Crawl on December 8th announced that on December 18th, the Vinton 2 the Illuminights at Explore Park. Ms. Barbour also commented on the 2021 Town Calendar and showed several pages. Council Member Mullins made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved minutes of the Regular Council Meeting of November 17, 2020; adopted Resolution No. 2397 appropriating funds in the amount of $1,665.00 for the receipt of an insurance claim due to damage to a piece of equipment; adopted Ordinance No. 1025 amou up to the amount of $1,227.16, and from the $367.52 Under awards, introductions, presentations and proclamations, Proclamation recognizing Barry W. Thompson, December 31, 2020 following which the Mayor and next read the name plate on a gift plaque with the Town Seal that was given to Mr. Thompson following which Mr. Thompson comments. Under citizens’ comments and petitions, Megan Noga made comments regarding a recent Ms. Noga further commented that the matter had been handled by the Acting she wanted to address Council and ask could rethink the process in the future. over to the new system a year and a half ago and Ordinance and the procedures. The Mayor next asked McCarty, who serve on the Council Public Works Committee, to make comments on the matter. Council Member Liles commented on the history and the purpose of the new changes to the refuse service in the Town. Council Member Liles and Ms. Noga for participating in the meeting. 3 The next item on the agenda was the consideration of public comments concerning the Memorial to be effective January 1, 2021. The Mayor opened the Public Hearing at 7:37 p.m. Chasity Barbour 2018. Staff is requesting to add rental rates for the parking lot and the kitchen due to the fact the COVID- for individuals to proposed parking lot rate will be $80 per day and the kitchen rate will be $20 for a four-hour block and $40 for an eight- rental will require a one-time $150.00 non- refundable damage deposit along with a copy of the Health Department Certificate, insurance and that they are also requesting an Administrative Fee of $40.00 per processing refunds. In response t business using the kitchen and the parking lot, Ms. Barbour commented that the parking lot fee would be for someone who might want to have a vendor businesses that are cooking Council Member Stovall expressed appreciation to Ms. Barbour for thinking out-of-the box item and also with the Santa Claus Crawl. Hearing no other was closed at 7:44 p.m. Council Member Liles made a motion to adopt the Resolution seconded by Vice Mayor McCarty and carried by Vote 5-0; Yeas (5) – McCarty, Grose; Nays (0) – None. Public Hearing Opened Public Hearing Closed Adopted Resolution No. 2398 approving the Rate Changes for the Vinton War Memorial to be effective January 1, 2021 The next item on the agenda was a briefing the proposal to sell and grant a franchise for an system throughout the Town of Vinton. The Town Attorney first commented that it is time to renew the Town’s franchise for the distribution of electric power. The purpose of the proposed Ordinance is 4 operation of a distribution system through the streets, road and places in the Town. AEP has been the holder of that franchise. This franchise is non-exclusive and there could potentially be other bidders in the process. The Town Clerk will run advertisements in The Vinton Messenger and we anticipate that we will receive bids from AEP and perhaps others to acquire the franchise that we will be granting when Council adopts the Ordinance. renewal for an additional 20 years. The maximum length allowed under State law is 40 years. The Town Attorney next commented that the plan is for the Town Clerk to receive the bids, open and read them at the next meeting. Council will then subsequently hold a Public Hearing on those bids and will have the opportunity to take action if any of the bids are found to be acceptable. As with all of these types of procurement situations, Council can reject all the bids and start the process over, but we will not know if that is a viable option until those bids are received. The next item on the agenda was a Financial Report by Brown Edwards & Company, approving and accepting said Report. Anne Cantrell turned the meeting over to Travis Gilmer with Brown Edwards to make the presentation on the Report. Mr. Gilmer first commented that he is the Senior Ma Town for 2020. The results of the audit and related deliverables were discussed in great detail in the appreciation to Council for the opportunity to serve the Town in his experience doing the job over the past 10 years and that the Town’s financial staff are enjoyable to work with. With the COVID-19 Pandemic, the CARES Act funding and doing a remote audit, this year was especially challenging. Thompson during his retirement and commented Thompson was one of the first clients he met and worked with. 5 Mr. Gilmer next commented that the objectives of the audit are to opine on the financial statements and also compliance with laws and regulations that are material to those financial statements. Their unless it is material to the financial s They also provide comments and suggestions for management. They opinion on the financial statements. Mr. Gilmer next pro pages in the Report. Page vii is the Certificate of Achievement for by the GFOA, which the Town received again this year. Management Discussion and Analysis, which is a good overview of the year. On Page 14 is the General Fund Balance Sheet showing months of expenditures that the Town could cover if no more money came in the door. The national average is two months. This was a $723,000 or 25% increase over the prior year, which was due to savings in decreased expenditures and COVID- 19. On Page 20 and 21 is income of $133,000, is self- positive cash flows from operations. shows the Major Water and Sewer customers, which is important because you do not want to see a customer that is too large and the Town is too dependent on. One customer is at 5% and one at 4%. Page 95 is the Schedule of segregation of duties that dates back to 2007. The Town has done a lot to address this issue there is not enough staffing and at a certain point there comes a cost benefit to it. There was one other minor budget finding during the year, but it some grants. 6 governance which communicates information such as the most sensitive estimates, posted and with management. The Town did a great job this year in terms of journal entries and very few were Cantrell and her Staff. The Management Letter going forward. Council Member Stovall Finance Committee expressed appreciation to Anne Cantrell and her Staff for the e Liles asked Mr. Gilmer if the 25% unassigned fund balance was higher than other trends. Mr. Gilmer responded the percentage was higher, but he has other localities this year largely due to COVID-19 Last year the Town had four months that it could cover and this represents two additional months. The Mayor Committee expressed appreciation to the Finance Department led by Anne Cantrell for shows in this Report finances remain strong is because we do have a new businesses to Town, that will help us to be in being more comfortable in freeing up some funds certainly a proponent of having a fund balance that is good and proponent of investing in the Town. Council Member Stovall made a motion to adopt the Resolution as presented seconded by Vice Mayor McCarty and carried by Vote 5-0; Yeas (5) – McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2399 approving the June 30, 2020 Comprehensive Annual Financial Report The next item on the agenda was to consider adoption of a Resolution Understanding (MOU) and Certification for Receipt 7 COVID-19 Utility Relief Program. Anne Cantrell commented that this funding has been released from the State to Counties and Cities only. Roanoke County has agreed to partner Town enter into the MOU and Certification. This Program will assist customers who have been impacted by the COVID-19 Pandemic. Staff in the Treasurer’s Office has been contacting customers who we believe may be eligible and as of today we approximately $22,000.00. Any unused funding has to be returned back to the State by January 29, 2021 and we are working very hard to meet this deadline. Vice Mayor McCarty made a motion to adopt the seconded by Council Member Liles and carried by Vote 5-0; Yeas (5) – McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2400 authorizing Certification for Receipt of Coronavirus Relief Fund Payments for the COVID- Relief Program. The next item on the agenda was to consider from the Commonwealth of Virginia for the COVID- Economic Security (CARES) Act of 2020. Council Member Liles made a motion to adopt the Ordinance seconded by Council Member Mullins and carried voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Ordinance No. 1026 accepting and Virginia for the COVID- Program distributed as a component of the Coronavirus Security (CARES) Act of 2020 The next item on the agenda was to consider adoption of a Resolution approving the extension of the roll-over accrual date for vacation hours from December 31, 2020 to June 30, 2021. The Acting Town vacation accrual ends December 31st. However, this year due to COVID19, most of our travel was restricted during 2020 and Town Staff was unable to use some of their vacation. Rather than roll over their unused vacation balances that are in excess of their maximum into sick leave, we would like to 8 extra time to hopefully take some vacation time this Spring. Council Member Liles made a motion to adopt the seconded by Council Member Stovall and carried by the following roll call vote, wit voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2401 approving the extension of the roll- vacation hours from December 31, 2020 to June 30, 2021 The Acting Town Manager commented that Public Works Staff is prepared for any snowfall that expressed appreciation to Barry Thompson for his wonderful transit and confidence and wishes him the very best. Under reports from Council Committees, Committee which met on December 7, 2020. Ms. Cantrell next reviewed a PowerPoint presentation, which will be on file in the Town Clerk’s Office as a part of the permanent record. commented that the different Certificate of Deposit rates across our local banks was presented to the Committee. We were at approximately 1.7%, but had to renew at approximately 0.4%. We will try have increased by that time. Valuation, this was an offer from a company to buy out our T-Mobile Lease. We are going to ask for Finance Committee. The Utility Business Rules Document, which is our operating procedures, was back in January for further discussion. The Committee reviewed our FY21 revenue forecast and the discussed and will be January for their consideration. The Committee approved updating our authorized contacts for our Credit Card Account to remove Lydia Verdillo as additional authorized contacts along Pete Peters and myself. 9 Council Member Stovall made a motion to approve the October 2020 Financial Report as presented; the motion was seconded by Counci Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved the October 2020 Financial Report The Mayor commented on the success of the Santa Claus Crawl and Christmas tree lighting and expressed appreciation to Council and Town Staff for the year of hard work. It has been a year of challenges. The Mayor then wished everyone a very Merry Christmas and a safe and prosperous New Year. Council commented on the success of the Santa Claus Crawl, expressed appreciation to the other Members of Council and to Town Staff and wished everyone a very Merry Christmas prosperous New Year. Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. The meeting was adjourned at 8:36 p.m. Meeting adjourned APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 5, 2021, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Police Chief The Vinton Town Council meeting was held via Zoom with livestreaming on the Town of Vinton, Virginia Government The Mayor called the regular meeting to order at The Town Clerk called the roll with Council Member Liles, Council Member Mullins, Council Member Stovall, Vice Mayor McCarty and Mayor Grose present present, confirmed that the meeting was being 1016 and Section 4-0.01(g) of Chapter 1289 of the 2020 Acts of the Virginia General Assembly and electronic means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Vice Mayor McCarty made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Stovall and carried Vote 5-0; Yeas (5) – McCarty, Grose; Nays (0) – None. Meeting of December 1, 2020 The next item on the agenda was the public transmission and distribution throughout the Town 2 open and read any bids that were received for an electric power transmission and distribution system throughout the Town of Vinton. The Town Clerk opened and commented that only one bid was received from Appalachian Power Company for the franchise as advertised and proposed to be $1,000.00. The Mayor next asked if there were any other persons desiring to submit a bid at this time. There being no further bids, the bidding was closed and we will now proceed to a Public Hearing and the proposed Ordinance proposing to sell and grant a The next item on the agenda was the consideration of public comments concerning the concerning approving an Ordinance proposing to the Town of Vinton. The Mayor opened the Public Hearing at 7:07 p.m. The Town Attorney first commented that Council was briefed at their last meeting on the draft Ordinance, which package. The Ordinance establishes a franchise in the public streets, rights-of-ways and public land in the Town for a successful bidder to be able to use those public streets and public lands for the system. One bid was received from Council deems that bid to be acceptable and votes in that manner, then the Ordinance will be modified The franchise would take effect today, January 5, 2021 and one caption that was mislabeled will be corrected. This is a 20 year franchise with a renewal for an additional 20 years and authorizes system throughout the Town contains bonding and contains an indemnification provision that protects the Town. There are also obligations within a certain period Public Hearing Opened 3 The Town Attorney next commented he or Larry Jackson with AEP, who is in attendance, would be happy to answer any questions that Council might have. Hearing no other was closed at 7:11 p.m. controlling Code provision and the provision of the approved by a three-fourths vote of all members of Council. Council Member Liles made a motion to adopt the Ordinance seconded by Council Member Mullins and carried voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Public Hearing Closed Adopted Ordinance No. 1027 power transmission and distribution system throughout the Town of Vinton The next item on the agenda was to consider adoption of a Resolution authorizing the Mayor and Town Clerk to execute 2021. Vice Mayor McCarty made a motion to adopt the Resolution as prese seconded by Council Member Mullins and carried voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2402 approving and retroactive to January 1, 2021 The next item on the agenda was to consider adoption of a Resolution verifying and approving utility revenues. Anne Cantrell commented that during requirements applicable to utility se These provisions included the customer assistant requirements on customer repayment plans. As part of this legislation, the State is allowing utility greater than one percent of revenues to apply for exemption. 4 Based on the report that was prepared for the State on December 15, 2020 and an updated report that was prepared before the release of the currently has comparison with our Revenue Budget. The Resolution would support seeking exemption from the State moratorium. This would not imply that option repeatedly not paid working. Council Member Stovall made a motion to adopt seconded by Council Member Liles and carried by Vote 5-0; Yeas (5) – McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2403 verifying and approving utility accounts receivable arrearages are in excess of one percent of annual operating revenues The Town Manager commented that there are three new restaurants opened or about to open in Vinton - Big Belly Pizza Subs and Burgers on Lee Avenue; Our Daily Bread scheduled to open later this month on Lee Avenue and Joe Goodpies that will be a part of the new Vinyard Station Complex. The Town Manager next expressed appreciation have been working in these tough environments. Under appointment to boards/commissions/ committees, Council Member Stovall motion to re-appoint Allen Kasey to the Board of Zoning Appeals for a new five-year term Board of Zoning Appeals 2021 and ending January 16, 2026; was seconded by Council Member Liles and voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Vice Mayor McCarty made a motion to re-appoint Robert Benninger to the Planning Commission for a new four-year term beginning January 5, 2021 and ending January 4, 2025; seconded by Council Member Mullins and carried Vote 5-0; Yeas (5) – L McCarty, Grose; Nays (0) – None. Re-appointed Allen Kasey to Zoning Appeals for a new five-year term on the Board of Zoning Appeals beginning 2026 Re-appointed Robert Benninger Planning Commission for a new four-year term beginning January 5, 2021 and ending January 4, 2025 5 The Mayor read prepared comments expressing appreciation to Town Staff, Council, our community partners and our citizens for all of the have seen on full display in 2020 especially since March. Comments from Council: Vice Mayor McCarty expressed appreciation to staff for taking care of the trash issue behind Bojangles, crew for their extra work during the holidays and to Council Member Liles echoed the Mayor and Vice Mayor’s comments and that he is looking forward Council Member Mullins and Stovall expressed appreciation to Town staff and Council and commented that together as a team we have brought the Town through 2020 and Happy New Year. Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) Meeting adjourned APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 19, 2021 Department Finance/Treasurer Issue Consider adoption of a Resolution transferring salaries and benefits in the amount of $983,508.00 reimbursed by the CARES Act Funding from the General Fund to the Capital Fund Summary The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020 and a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”). The CARES Act covers eligible expenditures such as payroll expenses for public safety, public health, heath care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency and the Town is utilizing the CARES Act funding for reimbursement of payroll expenses for police officers dedicated to patrol. The Fiscal Year 2021 Adopted Budget for payroll expenses for police officers dedicated to patrol needs to be moved to the Capital Fund to complete projects associated with the COVID-19 pandemic that either did not meet all qualifications for the funding or could not be completed by the December 30, 2020 deadline. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020; and WHEREAS, a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”); and WHEREAS, the CARES Act covers eligible expenditures such as payroll expenses for public safety, public health, heath care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency; and WHEREAS, the Town of Vinton is utilizing the CARES Act funding for reimbursement of payroll expenses for police officers dedicated to patrol; and WHEREAS, the Fiscal Year 2021 Adopted Budget for payroll expenses for police officers dedicated to patrol needs to be moved to the Capital Fund to complete projects associated with the COVID-19 pandemic that either did not meet all qualifications for the funding or could not be completed by the December 30, 2020 deadline. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers as shown on the attached Public Safety/Capital Fund Transfer to move the salaries and benefits reimbursed by the CARES Act funding from the General Fund to the Capital Fund. This Resolution adopted on motion made by ________________, seconded by _____________________, with the following votes recorded: AYES: NAYS: APPROVED: _______________________________________ Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, CMC, Town Clerk PUBLIC SAFETY/CAPITAL FUND TRANSFER - COUNCIL ACTION ITEM MOVE FUNDS TO: GL Account Description Amount 400.4304.799 Building & Grounds Capital 491,754.00 200.9950.905 Transfer to Capital Fund 491,754.00 983,508.00 MOVE FUNDS FROM: GL Account Description Amount 400.4105.001 Transfer from General Fund 491,754.00 200.3101.101 PD Salaries & Wages 313,350.00 200.3101.102 PD Overtime 24,401.00 200.3101.201 PD SS & Medicare 23,563.00 200.3101.202 PD Retirement Contribution 36,898.00 200.3101.203 PD VRS Insurance 4,583.00 200.3101.204 PD Nationwide 713.00 200.3101.205 PD Medical Insurance 60,964.00 200.3501.101 PD AC Salaries & Wages 22,225.00 200.3501.102 PD AC Overtime 615.00 200.3501.201 PD AC SS & Medicare 1,686.00 200.3501.202 PD AC Retirement Contribution 2,444.00 200.3501.203 PD AC VRS Insurance 263.00 200.3501.204 PD AC Nationwide 49.00 983,508.00 Meeting Date January 19, 2021 Department Administration Issue Consider adoption of a Resolution appropriating funds in the amount of $1,509.00 received to satisfy a five-year commitment for façade improvements to property recently sold and located at 107 South Pollard Street recently sold to the Façade Grant Account Summary A check for $1,509.00 was received as the 10-month prorated remaining balance necessary to satisfy the five-year term commitment for façade improvements reimbursed through the Community Development Block Grant (CDBG) Downtown Revitalization Grant in October of 2016, due to 107 South Pollard Street being sold in December 2020. Town Staff confirmed with the Department of Housing and Community Development (DHCD) that the funds do not need to be returned and can be allocated to another approved use of the CDBG Revitalization Grant funding. In order to fulfill the original grant eligibility requirement, the revenue received needs to be appropriated to the Roanoke County/Town of Vinton Grant Program for façade improvements grants. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, a check for $1,509.00 was received as the 10-month prorated remaining balance necessary to satisfy the five-year term commitment for façade improvements reimbursed through the Community Development Block Grant (CDBG) Downtown Revitalization Grant in October of 2016, due to 107 South Pollard Street being sold in December 2020; and WHEREAS, the Town of Vinton confirmed with the Department of Housing and Community Development (DHCD) that the funds do not need to be returned and can be allocated to another approved use of the CDBG Revitalization Grant funding; and WHEREAS, in order to fulfill the original grant eligibility requirement, the revenue received needs to be appropriated to the Roanoke County/Town of Vinton Grant Program for façade improvements grants. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $1,509.00 200.25000 Estimated Revenue $1,509.00 FROM REVENUE: 200.1901.001 Recoveries and Rebates $1,509.00 TO EXPENDITURE: 200.8150.342 Façade Grant $1,509.00 This Resolution adopted on motion made by Council Member______ , 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 19, 2021 Department Vinton War Memorial Issue Consider adoption of a Resolution appropriating funds in the amount of $500.00 received from AMVETS to the Vinton War Memorial Operating Supplies Account Summary AMVETS made a donation to the Vinton War Memorial in the amount of $500.00. The donation has been received into the Donations for Veterans Monument Revenue Account and needs to be appropriated to the Vinton War Memorial Operating Supplies Account. The Finance Committee reviewed this request at their January 11, 2021 meeting and recommends Council approval. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, AMVETS made a donation to the Vinton War Memorial in the amount of $500.00; and WHEREAS, the donation has been received into the Donations for Veterans Monument Revenue Account and needs to be appropriated to the Vinton War Memorial Operating Supplies Account. NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Vinton, Virginia does herby approve the following transaction: BUDGET ENTRY GENERAL LEDGER 200.25100 Appropriations $500.00 200.25000 Estimated Revenue $500.00 FROM REVENUE: 200.1899.027 Donations for Veterans Monum $500.00 TO EXPENDITURE: 200.7103.551 Other Operating Supplies $500.00 This Resolution adopted on motion made by ____________________, seconded by ___________________ with the following votes recorded: AYES: NAYS: APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 19, 2021 Department Police Issue Police Department a. Introduction of new Police Officer b. Recognition of Brandon Alterio – Roanoker Magazine’s Top 40 under 40 c. Recognition of Promotions Summary Chief Drumond will introduce the newest Police Officer, recognize Brandon Alterio as Roanoker Magazine’s Top 40 under 40 and recognize corporal promotions. Attachments None Recommendations No Action Required Town Council Agenda Summary Meeting Date January 19, 2021 Department Finance/Treasurer Issue Presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2020 awarded to the Treasurer/Finance Department Summary The Town Staff is pleased to announce that we have received notification that the Town of Vinton has received GFOA’s Distinguished Budget Presentation Award for the Fiscal Year 2020-2021 Budget. This is the fifth year that the Town has received this award, which represents a significant achievement for the Town. In order to receive the award, a budget document must satisfy criteria to operate as a policy document, a financial plan, an operations guide, and a communications device. Budget documents must rate “proficient” in all four categories, an in the fourteen mandatory criteria within those categories to receive the award. Without support from the Mayor, Town Council, Town Management, and all Departmental Staff, this budget document and GFOA Distinguished Budget Award would not be possible. The Finance Department is looking forward to continuing to submit the budget document for the GFOA award, and to implement improvement recommendations from the reviewers. Attachments Certificate Recommendations Present the Award Town Council Agenda Summary Distinguished Budget Presentation Award GOVER N M EN T FIN AN C E OFFIC ER S ASSOC IATION July 1, 2020 For the Fiscal Year Beginning PRESENTED TO Town of Vinton Executive Director Virginia Meeting Date January 19, 2021 Department Finance/Treasurer Issue Briefing to update on the meter and software upgrade project in the Utility Fund. Summary In July 2019, Davenport & Company presented a rate study to Town Council to identify needed rate increases to address capital and operating needs in the Utility Fund. Council adopted the 5- year rate increase in November 2019. In January 2020, the Town selected Core & Main during a RFP for the meter upgrade project. In March 2020, the Town identified revenue loss in a top 5 consumer. After March 2020, there was continued concern on the COVID-19 pandemic impact to utility revenues. After thorough review, it was determined that the Town needed to move forward with the meter upgrade to help reduce employee exposure during fieldwork and to improve the telework abilities for Town Staff. This allowed the CARES Act funding to cover approximately $365,000 of meter replacement to move the project forward. Town Staff reached out to Davenport & Company to perform an analysis on the best approach to debt finance the remainder of the project. Staff from Core & Main will be presenting to Council on Phase I and Phase II of the meter upgrade project. In coordination with the meter upgrade project, the Town is also performing an ERP software upgrade with an anticipated go live date of January 2022. Attachments Meter & Software Upgrade Timeline PDF PowerPoint Presentation Recommendations No action required Town Council Agenda Summary METER SOFTWARE TIMELINE Davenport & Company completed rate study & presented to Town Council. Rate increase was adopted on 11/5/2019. Consumption decreases due to customer changes and pandemic created uncertainty of capital projects (meters, sewer lift station, etc.) moving forward. To improve telework capabilities of employees, the CARES Act funding was utilized to re-start the meter project. The new meters would remove the need to send employees into the field. Davenport & Company to present Town Council with options on debt funding to complete capital projects. Remainder of Meter Installation project to resume with receipt of debt funding. 2 Jul 1 Mar 30 Dec 2 Feb Meter upgrade to be completed by Fall of 2021. Billing Software to be converted from current IBM software to Tyler Munis software by January 2022. 1 Jan 1 May AMI Project Udpate 2© Core & Main All Rights Reserved.Confidential and Proprietary Information. •Project Overview •Phase I -Completed •Phase II –To be Completed •Questions Agenda 3© Core & Main All Rights Reserved.Confidential and Proprietary Information. Core & Main was established in 2017, built on the foundation of over 70 legacy companies. We are a leading distributor of water, sewer, storServing Central and Southwest Virginia Since 1984 •Over $450,000,000 in Business Roanoke, VA Meter Team –6 Individuals with over 170 years collective experience. Roanoke, VA Location –Inventories over 2.4 Million and Water Meter Inventories over 1 Million. Implemented and Support over 50 Sensus AMR/AMI systems in Virginia. Fixed Base Systems –Martinsville, Waynesboro, Lexington, Western VA Water, Loudoun Water, Danville, Henry Co PSA, Albemarle Co, Bluefield. Local Knowledge, Local Experience, Local Service Nationwide Who is Core & Main? Who is Sensus? •Founded in 1870 as National Meter Company •Rockwell International formed in 1972 •Introduced TouchRead™ in 1985 •Became Sensus Technologies Inc. in 1989 •Introduced RadioRead™ in 1993 •Acquired AMDS in 2006 •Moved Global Headquarters to Raleigh in 2008 •Xylem (XYL –Rye Brooke, NY) Acquires Sensus in 2016 FlexNet® Components 5 Propagation Study 6 M400 Cabinet 7 8© Core & Main All Rights Reserved.Confidential and Proprietary Information. Approach/Implementation Vinton CIS C&M Data CollectionSensus FlexNet 9© Core & Main All Rights Reserved.Confidential and Proprietary Information. Approach/Implementation 10© Core & Main All Rights Reserved.Confidential and Proprietary Information. Approach/Implementation 11© Core & Main All Rights Reserved.Confidential and Proprietary Information. Approach/Implementation Sensus Analytics –Device Access 12 Phase I •Large Meter Installation Site Interviews •Determine Scope of Work –Additional parts and labor if necessary •Cares Act Funds •Materials Storage •Conex box –Town of Vinton Public Works •Water Meters and Transmitters •899 Meters –1944 Transmitters •Water Meter Installation •17 accounts •Systems Integration •Contractor Project Portal –1 of 2 Sensus to ACS Software •Propagation Analysis •3rd St. Water Tank -Camney Ln. Water Tank 13 Phase II •Remaining Water Meter Installation Site Interviews •FlexNet System Collector Site Installations •3rd St. –Camney Ln. •Sensus Analytics Software Build and Integration •ACS Financial Software •Public Outreach •Customer Notification of project and FAQ •Remaining Meter and Transmitter Installation by Route •5/8” –4” Meters •Training for the Town Staff •Field Installation •Software 14 Thank You! 15 Meeting Date January 19, 2021 Department Planning and Zoning Issue Briefing on proposed Ordinance to amend Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code Summary In order to promote a more efficient and effective code enforcement process in relation to accumulation of trash, garbage, etc. or growth of weeds, town staff have proposed amendments that would allow for a civil penalty system to be instituted. Additionally, these amendments would allow for the Town code enforcement official(s) to use their discretionary authority in deciding whether to cite the property owner or occupant of a property found to be in violation. The civil penalties provide a better alternative to the current system structured by the Town Code by affording town staff the ability to issue direct economic penalties to property owners or occupants who violate these provisions. Miscellaneous provisions concerning noxious weeds, exemptions for specific and uncommon areas of natural vegetative growth, and the addition of definitions are also included in these amendments. Attachments PowerPoint Presentation Draft of Ordinance Recommendations No Action Required Town Council Agenda Summary Chapter 62, Article I Amendments January 19, 2021 2 Definitions •Abatement Cost •Occupant •Owner •Property •Town Manager •Trash •Weed or weeds •Noxious weed or noxious weeds Weeds Grass Trees Maintained Gardens Woodlands Ornamental Shrubbery Excluding: 3 Noxious Weeds Trees Woodlands Excluding: •Johnson grass •Multiflora rose •Musk thistle •Curled thistle •Giant salvinia •Tropical soda apple •Giant hogweed •Cogon grass •Purple loosestrife •Water spinach •Beach vitex •Wavyleaf basketgrass •Incised fumewort •Tree of heaven •Porcelain berry •Oriental bittersweet •Hydrilla •Mile-a-minute weed Tree of Heaven (Ailanthus) 4 Owner or Occupant Option •Code enforcement official will have the ability to cite either the property owner or the occupant of the property with these intended amendments. •Currently, the ordinance only allows for the property owner to be cited, which leads to issues with enforcement. •Major hurdles to enforcement include: Negative landlord/tenant relationships Out-of-state property owners Absentee landlords or property management groups 5 Civil Penalty System •The code enforcement process will transition into a civil penalty system. Violation Notification Process Noncompliance Court Hearing Compliance Violation Notification Process Noncompliance Civil Penalty Compliance Current: Proposed:Court Hearingor 6 Natural Vegetation Provision •“…except that in the case of a property greater than one (1) acre in area, natural vegetation growing more than fifty (50) feet from every property line shall not constitute a violation of this article.” Questions? 7 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 2, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AN ORDINANCE amending Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code is hereby amended as follows: CHAPTER 62 – OFFENSES AND MISCELLANEOUS PROVISIONS Footnotes: --- (1) --- Cross reference— Courts, ch. 22; traffic and vehicles, ch. 90. State Law reference— Crimes and offenses generally, Code of Virginia, title 18.2; local ordinances prohibiting obscenity, Code of Virginia, § 18.2-389. ARTICLE I. - IN GENERAL Sec. 62-1. – Definitions. For the purpose of this article, certain terms and words used herein shall be defined as follows: (a) Abatement Cost means the town’s cost of labor, equipment and supplies for, or the contract price of and any charges to the town with respect to, its removal and disposal of weeds, noxious weeds, trash, garbage, refuse, litter, debris, materials, inoperable machinery, machinery parts, equipment, appliances, motor vehicle tires, or any other dangerous or harmful substances from a property. (b) Occupant means any person, other than an Owner, who is over the age of eighteen (18) years, who resides or operates a business on any property lying in the town, and who has possession or control of that property. Occupant shall include, but not necessarily be limited to, a tenant with a leasehold interest in the property. (c) Owner means any person shown by any public record maintained by any circuit court clerk, treasurer, commissioner of revenue or town clerk who, alone or jointly or severally with others, has an ownership interest in any property lying in the town . 2 (d) Property means any lot or parcel of real estate (and any interest therein) lying in the town, identified by a County of Roanoke Official Tax Number. (e) Town manager means the town manager or his designee. (f) Trash means abandoned personal property, garbage, refuse or debris openly lying on any parcel, which might endanger the health of other residents of the city. (g) Weed or weeds as used in this article means any plant, grass or other vegetation growing upon any property in the town, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. (h) “Noxious weed” or “noxious weeds” as used in this article shall include, regardless of height, any noxious weeds referenced in the Section 15.2-902 of the Code of Virginia, as amended, or noxious weeds as defined by the Virginia Department of Agriculture and Consumer Services pursuant to Section 3.2-802 of the Code of Virginia, as amended. Sec. 62-21. - Attempt to commit misdemeanor. Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt. State Law reference— Attempts to commit misdemeanors; how punished, Code of Virginia, § 18.2-27. Sec. 62-32. - Accumulation of trash, garbage, etc., or growth of weeds. (a) It shall be unlawful and a public nuisance for the owner or occupant of any property within the town to permit the accumulation thereon of any trash, garbage, refuse, litter, debris, materials, or inoperable machinery, machinery parts, equipment, appliances, motor vehicle tires (four tires or more), or any other dangerous or harmful substances which might restrict the ingress or egress from any exit door of a structure, attract or harbor varmints (snakes, skunks, rats), and/or mosquitoes, and might endanger the health or safety of the owner, occupant, or other residents of the town. (b) It shall be unlawful and a public nuisance for the owner or occupant of any of property within the town to permit the growth of any weed or weeds of any grass, weeds, or other foreign growth to a height of 12 inches or more thereon; except that in the case of a property greater than one (1) acre in area, natural vegetation growing more than fifty (50) feet from every property line shall not constitute a violation of this article. It shall be unlawful and a public nuisance for the owner or occupant of any property within the town to permit the growth of any noxious weeds thereon. 3 (c) The town manager, or his authorized agent, shall give the owner and occupant of any property violating this section a written notice directing the owner and/or occupant to remove from such property the offensive condition within ten days from the date of the notice. Failure to comply with such notice shall constitute a class 4 misdemeanor. (d) If the owner and occupant of any property fails to comply with a notice given pursuant to subsection (c) above, the town manager or his authorized agent may have the weeds, noxious weeds, trash, garbage, refuse, litter, debris, materials, inoperable machinery, machinery parts, equipment, and appliances, motor vehicle tires, or machinery parts, debris or any other dangerous or , harmful substances removed or cut , or the grass, weeds or foreign growth cut, by agents or employees of the town. In the alternative, the town manager or his authorized agent may hire a private contractor to remove or abate the public nuisance. In either case, tThe abatement cost for the public nuisance of removal or cutting shall be chargeable to and paid by the owners or occupant of the property and may be collected by the locality against either the owner or occupant as taxes are collected. (e) All abatement costs Every charge authorized by this section with which the owner or occupant of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in articles 3 (§ 58.1-3940, et seq.), and 4 (§ 58.1-3965, et seq.), of chapter 39 of title 58.1 of the Code of Virginia (1950), as amended. The town may waive any such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner at the time the liens were imposed. (f) Violations of this section shall be subject to a civil penalty, in the amount of $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period. (g) In the event three (3) civil penalties shall have been imposed on the same property owner or occupant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, any subsequent violation shall constitute a Class 3 misdemeanor. State Law Reference – Providing for the removal or disposal of trash, cutting of grass, weeds, and running bamboo, Code of Virginia, §15.2-901; Abatement or removal of nuisances, Code of Virginia, §15.2-1115; Penalties for violation of ordinances, § 15.2-1429 Sec. 62-43. - Scalping tickets to athletic and other events; exceptions; punishment. (a) It shall be unlawful for any person, firm or corporation to resell for profit any ticket for admission to any sporting event, theatrical production, lecture, motion picture, musical concern, or any other event open to the public, for which tickets are ordinarily sold, 4 regardless of whether the event shall take place within the corporate limits of the Town of Vinton. (b) This section shall not apply to any event sponsored by a religious, charitable, or educational organization where all or a portion of the admission price reverts to the sponsoring group and the resale for profit of such ticket is authorized by the sponsor of the event and the manager or any owner of the facility in which the event is being held. (c) Any person, firm, or corporation violating this section shall be guilty of a class 3 misdemeanor. The sale of each individual ticket shall be considered a separate offense, regardless of whether multiple tickets are sold in a single transaction. Secs. 62-54—62-20. – Reserved. * * * BE IT FURTHER ORDAINED, that this Ordinance shall become effective ________________, 2021. This Ordinance adopted on motion made by Council Member _______________, 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 19, 2021 Department Public Works Issue Consider adoption of an Ordinance amending Section 78-16 of Article I, In General and Section 78-43 of Article III, Penalties, of Chapter 78, Solid Waste, of the Vinton Town Code Summary The Department of Public Works continues to strive to make meaningful and efficient modifications to its refuse collection services in order to better serve the residents of the Town and provide for a safe and clean public landscape. The proposed revisions are designed to better communicate to the citizens about options to supplement their individual refuse collection beyond the capacity or frequency that the Town’s Solid Waste Ordinance or the provided refuse cart offers. In addition, the proposed revisions better outline the steps for identifying and informing citizens who violate the Solid Waste Ordinance and provides a means for the Town’s Code Enforcement Officer to assess a civil penalty for those who routinely abuse the refuse collection procedures. The Public Works Committee has reviewed and recommends Council approve the amended Ordinance. Attachments 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 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AN ORDINANCE amending Section 78-16 of Article I, In General, and Section 78-43 of Article III, Penalties, of Chapter 78, Solid Waste, of the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Section 78-16 of Article I, In General and Section 78-43 of Article III, Penalties, of Chapter 78, Solid Waste, of the Vinton Town Code are hereby amended as follows: CHAPTER 78 – SOLID WASTE ARTICLE I – IN GENERAL * * * Sec. 78-16. Illegal dumping; penalty. (a) No refuse or offensive or disease-producing material or trash shall be dumped in any lot or space within the town for the purpose of filling or otherwise. (b) It is unlawful for any No person to shall drop, dump, deposit, discard or otherwise disposes of trash, garbage, refuse, refuse, litter, cigarette butts, newspapers, fliers, food containers or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, park or on private property without the written consent of the owner thereof or his agent. (c) No person shall dump or otherwise dispose of trash, waste or other refuse, or unsightly matter in any town dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, refuse, waste or other refuse or unsightly matter in any dumpster, dump truck, disposal area or waste management facility. (d) When any person is issued a citation arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the issuing arresting officer may comply with the provisions of Code of Virginia, §§ 46.2-936-937 in making such arrest. (e) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or discarded removed from a motor vehicle, the 2 owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (f) Any person convicted of such violation who violates this section shall be guilty of a class 1 misdemeanor subject to a civil penalty of fifty dollars ($50.00). The citation shall inform the violator that he or she may avoid a trial by paying this penalty by mail or in person to the treasurer of the Town of Vinton within fourteen (14) calendar days following the date of the citation. (g) If the person cited with a violation of this section does not elect to pay the penalty within fourteen (14) calendar days, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose. (hg) The provisions of this section shall not apply to the lawful disposal of such matter in trash receptacles and landfills. * * * ARTICLE III- PENALTIES Sec. 78-43. - Penalty for noncompliance. (a) Before issuing a civil penalty or criminal citation for an infraction under Article I (except for violation of Section 78-16) or Article II of this Chapter, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing the facts of the violation. A code enforcement officer shall issue a criminal citation for the infraction to the responsible occupant or owner. (4) Fourth violation. A code enforcement officer shall issue a civil penalty for the infraction and any subsequent infractions to the responsible occupant or owner. (54) Penalty. Any violation under these articles shall be subject to a civil penalty of fifty dollars ($50.00). The citation shall inform the violator that he or she may avoid a trial by paying this penalty by mail or in person to the treasurer of the Town of Vinton within fourteen (14) calendar days following the date of the citation., except for violation of 3 Section 78-16, in which a criminal citation is issued shall be punished as a class 4 misdemeanor. (6) If the person cited with a violation of this section does not elect to pay the penalty within fourteen (14) calendar days, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose. * * * BE IT FURTHER ORDAINED, that this Ordinance shall become effective ________________, 2021. This Ordinance adopted on motion made by Council Member _______________, seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: ABSENT: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 19, 2021 Department Administration Issue Consider adoption of a Resolution in opposition of boat landing access fees by the Virginia Department of Wildlife Resources Summary The Virginia Department of Wildlife Resources (formerly the Department of Game and Inland Fisheries) has proposed a new boating access permit and fee effective January 1, 2021, for anyone using Department-owned or maintained boat access sites. As outlined in the attached resolution, this new permit and fee propose a number of difficulties to the public seeking to enjoy the waterways in the state. This request was proposed by the Friends of the Rivers of Virginia. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY RESOLUTION OF OPPOSITION BOAT LANDING ACCESS FEES BY THE VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES WHEREAS, the Town of Vinton is committed to advocating for the free and peaceable enjoyment of all of the natural resources in Roanoke County and throughout the Commonwealth, especially the rivers, streams, and other waterways; and WHEREAS, Article XI, Section 1 of the Constitution of Virginia likewise supports “the use and enjoyment for recreation of adequate public lands, waters, and other natural resources”; and WHEREAS, effective January 1, 2021, the Virginia Department of Wildlife Resources (DWR) will be requiring any person using a DWR-owned or managed facility, including boating access sites, to have a valid Virginia hunting, trapping, or fishing permit, a Restore the Wild membership, an access permit, or current certificate of boat registration issued by DWR to use the facility; and WHEREAS, the permit process and the fee associated with boating access would create an extra barrier for those seeking to enjoy Virginia’s rivers and waterways; and WHEREAS, paddlers have expressed concerns that their needs and concerns were not fully taken into account when implementing the permits and fees for boating access sites and that the new boating access permits and fees are a detriment to tourism; and WHEREAS, the process to register and pay for a permit is cumbersome and inefficient and creates an undue time burden on the outfitters, paddlers, other tourism-related businesses and anyone else seeking to enjoy the waters of Virginia; and WHEREAS, the fee to use the boating access sites is fundamentally regressive in nature, causing greatest detriment to the least affluent and casual users who would only occasionally seek some recreational respite in nature; and WHEREAS, the funds from the fees charged for boating access are anticipated to be disproportionately larger than the resources dedicated to the maintenance and construction of boating access sites; and WHEREAS, this proposal will encourage people to circumvent the fees by using unauthorized boat access points on private property, with the attendant environmental damage, 2 unsafe roadside parking, and personal exposure to unexpected swift currents upon entry; and NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council opposes the charging of fees by the Department of Wildlife Resources for use of boating access sites in the Commonwealth and encourages the Department to seek a more efficient, effective, and equitable solution to conserve, develop, and utilize boating access sites. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Town’s state legislative representatives and the Virginia Department of Wildlife Resources. This Resolution adopted on motion made by ____________________, seconded by ___________________ with the following votes recorded: AYES: NAYS: APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 19, 2021 Department Finance/Treasurer Issue Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Personal Property delinquent taxes and Vehicle License Fees over five years old from the active records to a permanent file. Summary According to State Code Section 58.1-3940, collection of local taxes is only enforceable for five years following December 31 of the year for which such taxes were assessed. All efforts were made by the Treasurer’s Office to collect the delinquent taxes, including reporting them to the State Debt Set-Off Program. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Town of Vinton is maintaining records of outstanding Personal Property delinquent taxes for 2015 in the amount of $5,005.65; and WHEREAS, the Town of Vinton is maintaining records of outstanding Vehicle License Fees for 2015 in the amount of $12,284.13; and WHEREAS, the personal property taxes and vehicle license fees are over five years old and collection is no longer enforceable by Section 58.1-3940, of the 1950 Code of Virginia as amended; and WHEREAS, the Treasurer’s Office/Finance Department has made all efforts to collect on these balances and has turned them over to collections and the State of Virginia Debt Set- Off Program. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the Treasurer/Finance Director to have the outstanding accounts removed from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. This Resolution adopted on motion made by ________________, seconded by ____________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 19, 2021 Department Finance/Treasurer Issue Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding water and sewer delinquent bills over five years old from the active records to a permanent file. Summary As of December 31, 2020, the water and sewer accounts over five years old and inactive have been deemed uncollectible in the amount of $14,260.79. All efforts have been made to collect the delinquent water and sewer bills, including submitting them to debt set-off program for collection. The delinquent listings are available in the Treasurer’s office and will be maintained in the event that an opportunity should arise to collect one of these outstanding accounts. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016, AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Town of Vinton is maintaining records of outstanding water and sewer accounts from 2015; and WHEREAS, as of December 31, 2020 the water and sewer accounts over five years old and inactive have been deemed uncollectible in the amount of $14,260.79; and WHEREAS, the Finance Department has made all possible efforts to collect on these outstanding balances, including the submitting of these accounts to the debt set-off program. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the Treasurer/Finance Director to have the outstanding amounts removed from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. This Resolution adopted on motion made by ________________, seconded by ____________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: __________________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 19, 2021 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on January 11, 2021 and the following items were discussed at the meeting: • Budget Resolution – CARES Act Expenditures • Budget Resolution – WM Veteran’s Donation • Budget Resolution – Façade Grant • Vinton First Aid Crew Funding Request • Vinton Business Center Revenue • November 2020 Financial Statements • Tax & Utility Write-Off Attachments November 2020 Financial Report Summary Recommendations Motion to approve November 2020 Financial Report Town Council Agenda Summary Financial Report Summary November 30, 2020 Budget Budget Posted Posted Balance YTD General Fund 200 Revenues 7,168,550 1,859,640 470,272 2,178,479 318,838 117% Expenditures 7,168,550 3,096,390 729,070 2,810,811 (285,579) 91% Revenues over/(under) Expenditures (1,236,750) (258,798) (632,332) Grant Fund 250 Revenues 4,000 4,240,411 296,826 468,558 (3,771,854) 11% Expenditures 4,000 4,240,411 51,790 287,159 (3,953,253) 7% Revenues over/(under) Expenditures - 245,036 181,399 Utility Fund 300 Revenues 3,826,500 1,387,953 126,589 1,590,996 203,043 115% Expenditures 3,826,500 1,771,935 319,021 1,474,865 (297,070) 83% Revenues over/(under) Expenditures (383,982) (192,432) 116,131 Capital Fund 400 Revenues 175,000 72,888 14,583 72,917 29 100% Expenditures 175,000 72,905 159,507 188,771 115,866 259% Revenues over/(under) Expenditures (18) (144,924) (115,854) Stormwater Fund 600 Revenues 499,477 208,032 41,623 208,115 83 100% Expenditures 499,477 198,669 25,059 170,421 (28,248) 86% Revenues over/(under) Expenditures 9,363 16,564 37,695 Total All Funds Revenues 11,673,527 7,768,924 949,893 4,519,064 (3,249,860) 58% Expenditures 11,673,527 9,380,311 1,284,448 4,932,027 (4,448,284) 53% Revenues over/(under) Expenditures (1,611,386) (334,555) (412,963) Meeting Date January 19, 2021 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on January 13, 2021 and the following items were discussed at the meeting: • Projects Updates o Signal Lights o Paving • Refuse Ordinance Updates and Operational Adjustments • Bulk & Recycling Updates Attachments None Recommendations No action required Town Council Agenda Summary