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HomeMy WebLinkAbout4/3/2018 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, April 3, 2018 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Council Meeting of March 20, 2018 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Annual update from the Roanoke Regional Partnership – Beth Doughty 2. Proclamations: a. Arbor Day – Anita McMillan b. National Child Abuse Prevention Month – Kathryn Sowers c. National Public Safety Telecommunicators Week – Bill Hunter/Aleta Coleman d. Presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2017 awarded to the Treasurer/Finance Department – Anne Cantrell H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. Matthew S. Hare, Vice Mayor Keith N. Liles, Council Member Sabrina McCarty, Council Member Janet Scheid, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 I. PUBLIC HEARING 1. Consideration of public comments regarding setting of the real estate, personal property and machinery and tools tax rates for calendar year 2018. a. Open Public Hearing • Report from Staff – Anne Cantrell • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of an Ordinance setting the real estate tax rate for calendar year 2018 d. Consider adoption of an Ordinance setting the personal property tax rate for calendar year 2018 J. TOWN ATTORNEY K. BRIEFINGS – TOWN MANAGER 1. Briefing on renewal of the Town of Vinton Employees’ group health insurance with The Local Choice Program for the contract year July 1, 2018 through June 30, 2019 – Donna Collins L. ITEMS REQUIRING ACTION – TOWN MANAGER 1. Consider adoption of a Resolution setting the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2018 tax year - Anne Cantrell 2. Consider adoption of an Ordinance amending certain sections of Chapter 10, “Animals” of the Vinton Town Code – Town Attorney 3. Consider nominations for the 2018 VML Policy Committees – Town Clerk M. TOWN MANAGER N. MAYOR O. COUNCIL P. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: April 3, 2018 – 5:30 p.m. – GFWC Woman’s Club of Vinton/Police Department placement of pinwheel garden – Municipal Building April 5, 2018 – 7:30 a.m. – Public Works Committee meeting – Public Works Conference Room 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. 3 April 9, 2018 – 3:30 p.m. – Finance Committee Meeting – TOV Conference Room April 10, 2018 – 5:30 p.m. – Highway Safety Committee – TOV Conference Room April 17, 2018 – 7:00 p.m. – Council Meeting – Council Chambers April 18, 2018 – 11:30 a.m. – Arbor Day Celebration – Charles R. Hill Senior Center May 1, 2018 – 6:00 p.m. – Budget Work Session followed by Regular Council Meeting at 7:00 p.m. Meeting Date April 3, 2018 Department Town Clerk Issue Consider approval of the minutes of the Regular Council Meeting of March 20, 2018 Summary None Attachments March 20, 2018 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, MARCH 20, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith N. Liles Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Treasurer/Finance Director Tom Foster, Police Chief Fabricio Drumond, Police Captain Joey Hiner, Public Works Director William Herndon, Assistant Public Works Director Donna Collins, Human Resources Director Chris Linkous, Deputy Chief, Fire/EMS The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member Liles, Council Member Scheid, Vice Mayor Hare and Mayor Grose present. Roll call After a Moment of Silence, McKenna Moore, Matilyn Cox and Leila Defrank led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: March 27–10:00 am to 2:00 pm-Senior Services Expo– Vinton War Memorial; March 28 – 5:00-8:30 pm– Chamber After Hours- Trivia Thursdays- review the revisions to the Greenway Plan-April 19 - 4:00-7:00 pm- announced Clean Valley Day on April 7th and challenged Council to meet and clean up litter in the Town. The suggested areas to clean were Clearview Drive, Ruddell Road and By-Pass Road. Chief Foster made brief comments and then read a Chinese proverb, “ was 20 years ago. The second best time is now." 2 Vice Mayor Hare made a motion to approve the Consent Agenda as presented seconded by Council Member Scheid by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Approved minutes of the Regular Council Meeting of February 20, 2016 and the Regular Council Me March 6, 2018 Deputy Chief Linkous made brief comments and recognized Charles Dailey in achieving his Paramedic certification. and congratulated by Council. efforts of the Police Department. Chief Foster commented period last year. Captain Drumond next read a Memo recognizing Sergeant Tim Lawless, Officer Kristopher Moore and Officer Danny Cox who were present at the meeting, as Co-Officers of the Month for February. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for February 2018 the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. The next item on the agenda was a report on the Vinton Volunteer Fire Department for February 2018. Chief Oakes the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. expressed some interest in becoming members. opportunity departments to set up a booth for recruitment in the hallway at The Berglund Center before events. The banner on the Fire Station is going to need to be replaced and check with Jennifer at the County to see if another one available or if they can purchase one. will be doing their long- The next item on the agenda was a briefing on a proposal from Enterprise Fleet Management. 3 Anne Cantrell commented that we are in the middle of Fiscal Year 2019 budget discussions and are considering a recommendation for change in our fleet management. Enterprise Fleet Management which would allow for the Town to plan for our fuel efficiency and also retain some equity in our fleet. Ms. Cantrell next r presentation. (A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. proposal on several occasions. specifically with the Police vehicles. If we went with this program, we would be able to get a decent amount of equity back out of the vehicles because the leasing program does not assume paying for the whole vehicle. for the portion that we are going to use which saves the value that we can turn around and put back into buying the next vehicle. The idea sustainable program for the fleet of the entire Town to lower maintenance and fuel costs starting first with the Police vehicles. that it is certainly a worthwhile program and that he has some experience with the program through his own business. The next item on the agenda was to consider adoption of a Resolution in support of designating the Roanoke Valley The Town Manager commented that at Council meeting we had a briefing on this matter and it would adoption of this Resolution. Vice Mayor Hare made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Resolution No. 2240 in support Region as Virginia’s Blue Ridge The Town Manager commented that at the last Council health insurance was tabled to this meeting. Staff is 4 and would like the briefing to be set for a future meeting date. Under report from Committees, Vice Mayor Hare reported from the Finance Committee. On March 8th, the Committee reviewed three potential bus pricing. They will be brought back to Council for public discussion and decision making meeting. On March 19th departmen have a follow-up meeting scheduled for March 30th. and we are projecting it to be approximately $200,000 off from our revenue projection. This is under a three percent variance, which is good. There are probably spending because we have already been tightening budget constraints. Staff will continue to focus on it, but down to zero. Council Member Scheid commented that in addition the Committee also discussed RADAR and some possible alternatives. The Mayor commented on the recent Downtown Management Team meeting for the neighborhood improvement grant the concerns expressed during his recent minor eye surgery. Comments from Council: Council Member Scheid asked about the nex management plan for the Town that was discussed at the Council Committee. the tethering ordinance and if it wo responded that it would be ready for the next meeting Susan Waddell. The next item on the agenda was the request to convene in Closed Meeting, to § 2.2-3711 (A) (29) of County, namely the Gain Sharing Agreement. 5 Closed Session; the motion was seconded by Council Member Liles all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – Council went into Closed Session at 7:47 p.m. At 9:14 p.m., the regular meeting reconvened and the by Council Member Scheid following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Certification of Closed Meeting Following the closed session and in open session, discussion was had regarding will be to surplus the truck before it requires additional maintenance. If able to go down two employee retirement effective the beginning of April with one of the Town staff. ladder trucks around as well. If Council recommendation, it will be built into our budget. After further comments and discussion, Council gave their consensus to no longer use the ladder truck surplus it at the earliest possible time and with the upcoming retirement to not fill that position. Vice Mayor Hare next commented that the Volunteer First Aid Crew members are going to be asked to go through a driving safety program. If they are driving a the training. The Town Manager commented that all Town employees have gone through this training and it was offered to the volunteers training. yesterday. The Town to Kevin Price regarding the pricing we requested and if any action was taken on the unlimited pass. longer use the ladder truck, to surplus it at the earliest possible time and with the position. 6 Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member Scheid carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. The meeting APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date April 3, 2018 Department Administration Issue Annual update from the Roanoke Regional Partnership Summary Beth Doughty, Executive Director, will be at the meeting to give the annual update on behalf of the Roanoke Regional Partnership. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date April 3, 2018 Department Planning and Zoning Department Issue Proclamation – Arbor Day Summary The Town of Vinton has been designated as a Tree City USA for the past 16 years. In order to retain the Tree City USA designation, the Town is required to hold an Arbor Day Celebration, along with tree plantings and tree education outreach each year. Staff has been responsible for securing Virginia Department of Forestry grant funding each year, including this year (18 years), by partnering with Roanoke Valley-Alleghany Regional Commission (RVARC) in submitting the grant request with the Town providing the required matching funds. These funds have enabled the Town to plant trees on public properties, including the elementary schools in Vinton, Wolf Creek Greenway, M.A. Banks Park, and on the grounds of Vinton Public Works, Vinton War Memorial, Vinton Municipal Building, and the Craig Avenue Recreation Center. For this year’s 2018 Arbor Day Celebration, the event will be celebrated in conjunction with Vinton Senior Citizens’ and Thrasher Memorial UMC Preschool Programs at the Charles R. Hill Senior Center at 11:30 a.m. and will conclude with the planting of Cherokee Princess Dogwood tree at the Senior Center. The event will be held on Wednesday, April 18th beginning at 11:30 a.m. In addition to the Dogwood tree, 10 Autumn Blaze Red Maple trees will be planted along Walnut Avenue and Glade Creek Greenway by Public Works personnel. Attachments 1. Invitation to the Town of Vinton’s Arbor Day Celebration Event. 2. Town of Vinton’s 2018 Arbor Day Proclamation Recommendations Present Proclamation Town Council Agenda Summary You are Cordially Invited to Attend the Town of Vinton's Arbor Day Celebration on Wednesday, April 18, 2018, with the Town of Vinton, Vinton Senior Citizens’ Program, Thrasher Memorial UMC Preschool, and Special Guest: Smokey Bear! The celebration will begin at 11:30 a.m., at the Charles R. Hill Senior Center, 820 E. Washington Avenue, Vinton. For more information, call (540) 983-0605. PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable source giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim April 18, 2018 as “ARBOR DAY” in the Town of Vinton, and urge all citizens to plant trees to gladden the hearts and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 3rd of April, 2018. Bradley E. Grose, Mayor Meeting Date April 3, 2018 Department Administration Issue Proclamation – National Child Abuse Prevention Month Summary The GFWC Woman’s Club of Vinton in conjunction with the Police Department will again be planting pinwheels in the flower garden in front of the Municipal Building to promote the month of April as National Child Abuse Prevention Month. This will take place on Tuesday, April 3rd, at 5:30 p.m., just prior to the Council Meeting. A member of the Woman’s Club will be present at the meeting to make brief comments and receive the Proclamation. Attachments Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the health and safety of all citizens is important to the prosperity and well-being of our families and communities; and WHEREAS, our children are our most valuable resource and will shape the future of the Vinton community; and WHEREAS, child abuse is considered to be one of our nation’s most serious public health problems, and the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community; and WHEREAS, we acknowledge that we must work together as a community to increase awareness about child abuse and how we can we prevent it, because prevention remains the best defense for our children; and WHEREAS, displaying pinwheels during the month of April will serve as a positive reminder that together we can prevent child abuse and neglect and keep our children safe; and WHEREAS, the partnership between the General Federation of Women’s Clubs – Vinton Women’s Club and the Vinton Police Department have worked together to raise awareness and promote the prevention of child abuse in our community. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby recognize the month of April 2018 as NATIONAL CHILD ABUSE PREVENTION MONTH in the Town of Vinton and call upon all citizens of the Town of Vinton and surrounding areas to work together to prevent child abuse. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 3rd day of April, 2018. Bradley E. Grose, Mayor Meeting Date April 3, 2018 Department Administration Issue Proclamation for National Public Safety Telecommunicators Week Summary The week of April 8 through April 14 has been declared "National Public Safety Telecommunicators Week" by the Senate and House of Representatives of the United States of America. The Town of Vinton would like to recognize the Communications Officers of the Roanoke County Emergency Communications Center, who serve the Town of Vinton and Roanoke County faithfully and professionally with a proclamation for their service. Attachments Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the week of April 8 through 14, 2018, has been declared "National Public Safety Telecommunicators Week" by the Senate and House of Representatives of the United States of America; and WHEREAS, the President of the United States issued a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities; and WHEREAS, problems of crime, fire and other disasters touch and affect all segments of our society, and if unabated, can undermine and erode both moral and economic strengths of our community; and WHEREAS, men and women are engaged in the operation of emergency response systems for the Town of Vinton; and WHEREAS, these professionals are responsible for responding to stressful telephone calls from the general public for police, fire, and emergency medical assistance, and for calmly and professionally dispatching appropriate assistance to help save the lives and property of our citizens; and WHEREAS, our Communications Officers daily serve the public in countless ways without recognition by the beneficiaries of their services. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim April 8-14, 2018 as NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK in the Town of Vinton, and call upon the citizens of the Town of Vinton to observe this week with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 3rd of April, 2018. Bradley E. Grose, Mayor Meeting Date April 3, 2018 Department Finance/Treasurer Issue Presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2017 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 2017-2018 Budget. This is the second 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 None Recommendations Present the Award Town Council Agenda Summary 1 Meeting Date April 3, 2018 Department Finance Issue Consideration of public comments regarding setting of the real estate, personal property and machinery and tools tax rates for calendar year 2018. Summary The Town of Vinton’s real estate assessment less new construction has increased by approximately 2.22% for the calendar year 2018. A summary of the preliminary assessed values and corresponding tax levies are shown below: Assessed Values: Year 2018 $ 477,394,800 Year 2017 - 467,013,600 Total Increase $ 10,381,200 Less New Construction - 1,894,700 Net Increase $ 8,486,500 Tax Levy: Year 2018 $ 334,176 Year 2017 326,910 Increase $ 7,266 Assessment Increase (Less New Construction) - .0222 or 2.22% Section 58.1-3321 of the 1950 Code of Virginia, as amended, required that certain notices be published and a public hearing be held when the annual real estate assessment less new construction results in an increase of 1% or more. Said Notice of Public Hearing is required to be advertised at least 30 days before the date of such hearing. The Notice was placed in the Vinton Messenger on March 1, 2018 to advertise for this public hearing to set the tax rates. Town Council Agenda Summary 2 The current rate is $.07 per $100.00 of assessed value. No change is being recommended for calendar year 2018. The current personal property tax rate is $1.00 per $100.00 of the assessed evaluation of all personal property excepting there from household furnishings, and 50% or $.50 per $100.00 of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications. No change is being recommended for calendar year 2018. Attachments Ordinance setting the real estate tax rates Ordinance setting the personal property tax rates Recommendations Conduct Public Hearing Motion to adopt Ordinance setting real estate tax rate Motion to adopt Ordinance setting personal property tax rate ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, APRIL 3, 2018, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE to provide for the annual levy on real estate in the Town of Vinton, Virginia. WHEREAS, it is desirable of the Town of Vinton to collect real estate taxes semi-annually by June 5th and December 5th; and WHEREAS, the annual levy is necessary to provide for the daily operation of various municipal departments of the Town of Vinton, and thus avoid creating an emergency. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that the tax levy for the calendar year 2018 on all real property and improvements shall be as follows: "All Real Estate shall be assessed at 100% of fair market value, local levy of SEVEN CENTS ($.07) per ONE HUNDRED DOLLARS ($100.00) of the assessed value for the calendar year 2018." BE IT FURTHER ORDAINED that a copy of this Ordinance be immediately forwarded by the Town Clerk to the Commissioner of Revenue for Roanoke County/Town of Vinton, and to the Finance Director/Treasurer of the Town of Vinton. This Ordinance 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 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, APRIL 3, 2018, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE to provide for the annual levy on all personal property in the Town of Vinton, Virginia, and to provide for the annual levy on the classification of vehicles owned by disabled veterans, pursuant to § 58.1-3506 of the Code of Virginia (1950, as amended, and by the adoption of Ordinance No. 594 dated August 17, 1993 by the Vinton Town Council. WHEREAS, it is desirable of the Town of Vinton to collect personal property taxes by May 31, 2018; and WHEREAS, the annual levy is necessary to provide for the daily operation of various municipal departments of the Town of Vinton, and thus avoid creating an emergency. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that a tax levy for the calendar year 2018 shall be one dollar ($1.00) per one hundred dollars ($100.00) of the assessed valuation of all personal property excepting therefrom household furnishings; and BE IT FURTHER ORDAINED by the Council of the Town of Vinton that a tax levy for the calendar year 2018 shall be fifty percent (50%) or fifty cents ($.50) per one hundred dollars ($100.00) of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications; and BE IT FURTHER ORDAINED that a copy of this Ordinance be immediately forwarded by the Town Clerk to the Commissioner of Revenue for Roanoke County/Town of Vinton, and to the Finance Director/Treasurer of the Town of Vinton. This Ordinance 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 April 3, 2018 Department Human Resources Issue Briefing on renewal of the Town of Vinton Employees’ group health insurance with The Local Choice Program for the contract year July 1, 2018 through June 30, 2019 Summary • Local Choice proposed a 12% premium increase in renewal rates effective July 1, 2018. • Open discussions were held to inform employees of the proposed increases and to answer questions they have. Feedback was asked to be returned by April 23, 2018. • Each of the plans has the same prescription and dental costs. Vision coverage varies slightly from plan to plan. All wellness preventative procedures are free to employees regardless of the plan they choose. • Final plan choices will be submitted by April 30, 2018. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date April 3, 2018 Department Finance Issue Consider adoption of a Resolution setting the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2018 tax year. Summary The Personal Property Tax Relief Act (PPTRA or the Act) of 1998 established a statewide program to provide relief to owners of personal use motor vehicles. The 1998 Act envisioned a five year phase-in of relief expressed as a percentage of the bill related to the first $20,000 of personal use vehicle value. Costs soared and percentage was frozen at 70% since 2001. In 2004 and 2005, additional legislation was passed to amend the original Act. This legislation capped PPTRA at $950 million for all Virginia localities for Tax Years 2006 and beyond. PPTRA funds are allocated to individual localities based on each government’s pro rata share of Tax Year 2004 payments from the Commonwealth. The Town’s share of the $950 million is $203,096. In order to put these changes into effect, the Town Council adopted an Ordinance that set the framework for the implementation and administration of the 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA) of 1998. This ordinance was adopted on December 6, 2005. The Town uses The PPTRA Allocation Model developed by the State to calculate the effective reimbursement rate. This model uses historical trends and a five year rolling average to calculate the effective reimbursement rate. This same methodology for calculating the rate is used by many of our neighboring localities. In 2018, once again the County Finance staff computed the effective reimbursement rate based upon the PPTRA allocation model. The percentage is similar to those localities that are ready to adopt their resolutions. The rate for the Town of Vinton is 59.10%. 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, APRIL 3, 2018, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA A RESOLUTION setting the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2018 Tax Year. WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or “PPTRA”) of Chapter 951 of the 2005 Acts of Assembly, a qualifying vehicle with a taxable situs within the Town commencing January 1, 2018, shall receive personal property tax relief; and WHEREAS, this Resolution is adopted pursuant to Vinton Code § 86-58 enacted by the Council of the Town of Vinton on December 6, 2005. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 59.10% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 59.10% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of “qualifying” (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the Town of Vinton by the Commonwealth of Virginia. 6. That entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years shall expire on September 1, 2006, or when the state funding for tax relief is exhausted or depleted. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006 shall be deemed ‘non-qualifying’ for 2 purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. This resolution shall be effective from and after the date of its adoption. 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 April 3, 2018 Department Town Attorney Issue Consider adoption of an Ordinance amending certain sections of Chapter 10, “Animals” of the Vinton Town Code. Summary The Town Attorney briefed Council on this matter at their February 20th meeting. The suggested changes and all corrections have been made and the final Ordinance is attached for Council’s consideration. 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, APRIL 3, 2018 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Sections 10-2. - Definitions, 10.3. – Animal control officer, 10-5. - Responsible animal care, 10-7. – Rabies procedure, 10-10. – Nuisances; misdemeanors, 10-14. – Unlawful for animals to run at large; confinement and disposition of stray animals, 10-15. – Fees, 10-16. – Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale, of Article I, “In General;” amending sections 10-66. – Dangerous dog; vicious dog; penalties; procedures, 10-67. – Licensure of dangerous dog, 10-68. – Keeping dangerous dogs; conditions, and 10-69. – Violations, of Article II, “Dogs and Cats” of Chapter 10, “Animals” of the Vinton Town Code for the purpose of regulating the tethering of companion animals, providing for civil penalties for certain violations in lieu of criminal sanctions, and generally updating the ordinance to conform to the Virginia Code; providing for an effective date. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that the aforementioned sections of Chapter 10, “Animals” of the Vinton Town Code, are hereby amended and reenacted as follows: Chapter 10 – ANIMALS ARTICLE I. - IN GENERAL * * * Sec. 10-2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, or if not included in this section, as set forth in Virginia Code § 3.2-6500, as amended from time to time, except where the context clearly indicates a different meaning: Abandon means to desert, forsake or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in section 10-5 herein for a period of five consecutive days. Adequate care or care means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. 2 Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size and condition of the animal. Adequate feed means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid or slat floors permit the animals' feet to pass through the openings, sag under the animals' weight, or otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space means sufficient space to allow each animal to easily stand, sit lie, turn about and make all other normal body movements in a comfortable, normal position for the animal and interact safely with other animals in the enclosure. When an animal is tethered, adequate space means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. 3 Adoption means the transfer of ownership of a dog or cat from a releasing agency to an individual. Agricultural animals means all livestock and poultry. Ambient temperature means the temperature surrounding the animal. Animal means any nonhuman vertebrate species except fish. For the purposes of sections 10-6 and 10-7, animal means any species susceptible to rabies. For the purposes of section 10-9, animal means any nonhuman vertebrate species, including fish, except those fish captured and killed or disposed of in a reasonable and customary manner. Animal control officer means that person educated in the care, seizure, custody and confinement of animals, or his agent, as appointed by the town manager and supervised by the chief of police, who shall have the power to enforce the provisions of this chapter. Animal shelter means a facility which is used to house or contain animals and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, animal rescue group or any other organization devoted to the welfare, protection and humane treatment of animals. Bite means to be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded or pierced and saliva of the biting animal has contacted the resulting break or abrasion of the skin. Board means the board of agriculture and consumer services. Boarding kennel means a place or establishment, other than a pound or animal shelter, where companion animals not owned by the proprietor are sheltered, fed and watered, for a period not exceeding 30 consecutive days, in exchange for a fee. Cat means any feline or member of the animal species Felis catus. Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody or ownership of a person or any animal which is bought, sold, traded or bartered by any person. Agricultural animals, game species or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Consumer means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services. 4 Control of an animal means that the animal is on a leash not more than eight feet in length; is under voice control in the presence of a competent person; is on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person. Dangerous dog means a canine or canine crossbreed that has: (1) Bitten any person or companion animal that is a dog or cat; (2) Attacked any person or companion animal that is a dog or cat; (3) Inflicted injury on a person or companion animal that is a dog or cat; (4) Which has killed a companion animal that is a dog or cat. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (1) If no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (2) If both animals are owned by the same person; (3) If such attack occurs on the property of the attacking or biting dog's owner or custodian; or (4) For other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Dealer means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered a dealer. Any person whose primary purpose is to find permanent adoptive homes for companion animals shall not be considered a dealer. Direct and immediate threat means any clear and imminent danger to an animal's health, safety or life. Dog means any canine or any member of the animal species Canis familiaris, or any canine crossbreed. Emergency veterinary treatment means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. Enclosure means a structure used to house or restrict animals from running at large. Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves 5 anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. Exhibitor means any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture. Groomer means any person who, for a fee, cleans trims, brushes, makes neat, manicures or treats for external parasites any animal. Harborer means any person who provides food and shelter for any domesticated animal on other than a periodic or temporary basis. Housing facility means any room, building or area used to contain a primary enclosure. Humane means any action taken in consideration of and with the intent to provide for the animal's health and well-being. Humane society means any chartered, nonprofit organization incorporated under the laws of this commonwealth and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals. Law enforcement officer means any person who is a full-time or part-time employee of a police department or sheriff's office which is part of or administered by the commonwealth or any political subdivision thereof and who is responsible for the detection of crime and the enforcement of penal, traffic or highway laws of the commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by employing police department or sheriff's office. Livestock means all domestic or domesticated: bovine animals; equine animals; ovine animals; swine and porcine animals, including Vietnamese pot-bellied pigs and related breeds of pigs; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shell fish in aquaculture facilities, as defined in Code of Virginia, § 3.1-73.63.2-2600; enclosed domestic rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. New owner means an individual who is legally competent to enter into a binding agreement pursuant to Code of Virginia, § 3.1-796.126:13.2-6574(B)(2), and who adopts or receives a dog or cat from a releasing agency. Nuisance means any animal that: (1) Molests or disturbs persons or drivers of vehicles by chasing, barking or biting; (2) Attacks other animals; (3) Damages property other than that of its owner or harborer; (4) Barks, whines, howls, honks, brays, cries or makes other noises excessively; (5) Creates noxious or offensive odors; 6 (6) Defecates upon any public place or upon premises not owned or controlled by the animal owner or harborer, unless promptly removed by the animal owner or harborer; or (7) Creates an insect breeding and/or attraction site due to an accumulation of excreta. Other officer means all other persons employed or elected by the people of the state, or by any municipality, county or incorporated town thereof, whose duty it is to preserve the peace, to make arrests or to enforce the law. Owner means any person who: (1) Has a right of property in an animal; (2) Keeps or harbors an animal; (3) Has as animal in his care; or (4) Acts as a custodian of an animal. Pet shop means an establishment where companion animals are bought, sold, exchanged or offered for sale or exchange to the general public. Poultry means all domestic fowl and game birds raised in captivity. Pound means a facility operated by or under contract with the town for the purpose of impounding or harboring, seized, stray, homeless, abandoned or unwanted animals. Primary enclosure means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage, compartment or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether. Properly cleaned means that carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. Properly lighted means sufficient illumination to permit routine inspections, maintenance, cleaning and housekeeping of the housing facility, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; and to promote the well-being of the animals. Releasing agency means a pound, animal shelter, humane society, animal welfare society, society for the prevention of cruelty to animals, or other similar entity that releases a dog or cat for adoption pursuant to Code of Virginia, § 3.1-796.126:1 et seq. 7 Research facility means any place, laboratory or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments or investigations involving the use of living animals are carried out, conducted or attempted. Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. State veterinarian means the veterinarian employed by the state commissioner of agriculture and consumer services, as provided in Code of Virginia, § 3.1-723. State veterinarian representative means an employee of the state department of agriculture and consumer services who is under the direction of the state veterinarian. Sterilize or sterilization means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. Swine means all porcine animals, including Vietnamese pot-bellied pigs and related breeds of pigs. Tethering means a rope, chain, or the like, by which an animal is fastened to a fixed object so as to limit its range of movement. Trainer is a person qualified by training and experience in various facets of animal life, normally dogs. Treasurer means the treasurer and his assistants of the town or other officer designated by law to collect taxes in the town. Treatment or adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. Vaccination means the administration of antirabic vaccine by a licensed veterinarian at such intervals as required by state statutes and the state department of agriculture. Veterinary treatment means treatment by or on the order of a duly licensed veterinarian. Vicious dog means a canine or canine crossbreed that has: (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court, or one [on] or before July 1, 2006, by an animal control officer as 8 authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding. Any dog evidencing the characteristics or conduct described in subsections (1), (2) or (3) of this definition shall be a vicious dog even though not previously found so by any court. Work dog means any member of the animal species Canis familiaris trained for and actively engaged in rescue, law enforcement or war work, or as a guide for the blind or deaf. Weaned means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five days. Sec. 10-3. - Animal control officer. There is hereby created the position of animal control officer, within the organization of the police department of the town. The animal control officer or his agent, or any officer of the law, shall have the powers granted to animal control officers under Code of Virginia, § 3.1-796.663.2- 6555 et seq. * * * Sec. 10-5. - Responsible animal care. (a) It shall be unlawful for any owner or harborer of a companion animal not to provide for his animal: (1) Adequate feed; (2) Adequate water; (3) Adequate shelter that is properly cleaned; (4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species and weight; (5) Adequate exercise; (6) Adequate care, treatment and transportation; and (7) Veterinary care, when needed, or to prevent suffering or disease transmission. (b) It shall be unlawful for any owner or harborer of a companion animal to tether the animal: (1) More than three (3) cumulative hours during the day between 6:00 a.m. and 10:00 p.m.; (2) At any time between the hours of 10:00 p.m. and 6:00 a.m.; (3) At any time if the animal is sick, injured, or in heat; (4) At any time if the animal is four months of age or younger. For the purposes of this section, there shall be a rebuttable presumption that an animal has been tethered for more than three (3) cumulative hours, if the law enforcement officer 9 witnesses the tethering once an hour for at least five (5) minutes per hour for three (3) consecutive hours. (b) The provisions of this section shall also apply to every animal shelter, pound, dealer, pet shop, exhibitor, kennel, groomer and boarding establishment. This section shall not require that animals used as food for other animals be euthanized. (c) As authorized by Virginia Code § 3.2-6543, Eeach violation of this section shall be a class 4 misdemeanor civil violation subject to a fine of $150.00. An animal control officer or law-enforcement officer may issue a summons for the violation. Any person summoned or issued a ticket for the violation may make an appearance in person or in writing by mail to the department of finance of the town prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil fine established herein. The imposition of a civil fine shall not preclude an action for injunctive, declaratory, or other equitable relief. (d) The provisions of this section 10-5 shall also apply to every animal shelter, pound, dealer, pet shop, exhibitor, kennel, groomer and boarding establishment unless exempted by law. This section shall not require that animals used as food for other animals be euthanized. * * * Sec. 10-7. - Rabies procedure. It shall be unlawful for the owner or harborer of any animal to refuse or fail to promptly surrender any animal suspected of being affected by rabies. Any dog, cat or other animal suspected of being affected by rabies shall be seized by the animal control officer and the procedures mandated in Code of Virginia, § 3.1-796.983.2-6522 shall apply. * * * Sec. 10-10. - Nuisances; misdemeanorscivil violation. It shall be unlawful for the owner of any dog, cat or other domestic animal to perform, create or engage in any nuisance as defined by section 10-2. Any person found guilty ofviolating this article by permitting a nuisance to exist as defined by section 10-2 shall be guilty of:subject to a civil violation and subject to a fine of $150.00. An animal control officer or law-enforcement officer may issue a summons for the violation. Any person summoned or issued a ticket for the violation may make an appearance in person or in writing by mail to the department of finance of the town prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil fine established herein. The imposition of a civil fine shall not preclude an action for injunctive, declaratory, or other equitable relief.: (1) For a first offense, a class 4 misdemeanor; (2) For a second offense within a 12-month period, a class 3 misdemeanor; (3) For a third offense within a consecutive 12-month period, a class 2 misdemeanor; (4) For a fourth offense within a consecutive 12-month period, a class 1 misdemeanor, and such animal shall be permanently removed from the town within 24 hours of such conviction. 10 * * * Sec. 10-14. - Unlawful for animals to run at large; confinement and disposition of stray animals. (a) It shall be unlawful for the owner or harborer of any animal to cause or allow the animal to run at large in the town. Any animal found to be running at large within the town, or any animal found within the town not under the control of its owner and without identification shall be confined to the pound. The pound shall be accessible to the public at reasonable hours during the week. (b) An animal confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the pound unless sooner claimed by the rightful owner. The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement. If any animal confined pursuant to this section is claimed by its rightful owner, such owner shall be charged with the actual expenses incurred in keeping the animal impounded. (c) If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as prescribed by subsection (b) of this section, it shall be deemed abandoned and become the property of the pound or shelter. If such abandoned animal did not when delivered to the pound bear a collar, tag, license, tattoo or other form of identification, it may be humanely destroyed or disposed of by: (1) Sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days; (2) Delivery to any humane society or animal shelter within the commonwealth; (3) Adoption by any person who is a resident of the town or the county and who will pay the required license fee, if any, on such animal; (4) Adoption by a resident of an adjacent political subdivision of the commonwealth; or (5) Delivery, for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter: a. Maintains records which would comply with Code of Virginia, § 3.1-796.1053.2- 6557; b. Requires that adopted dogs and cats be sterilized; and c. Has been approved by the state veterinarian or his designee as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia. 11 If such abandoned animal when delivered to the pound bore a collar, tag, license, tattoo or other form of identification, it may be humanely destroyed or disposed of by the methods described in subsections (c)(2), (c)(3) or (c)(4) of this section. No pound or shelter shall deliver more than two animals or a family of animals during any 30-day period to any one person under subsections (c)(3) or (c)(4) of this section. (d) Nothing in this section shall prohibit the immediate destruction of a critically injured, critically ill or unweaned animal for humane purposes. Any animal destroyed pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the state veterinarian. (e) Nothing in this section shall prohibit the immediate destruction or disposal by the methods listed in subsections (c)(2) through (c)(5) of this section of an animal that has been delivered voluntarily or released to a pound, animal shelter, animal warden or humane society by the animal's rightful owner after the rightful owner has, in writing, surrendered all property rights in such animal and has read and signed a statement: (1) Certifying that no other person has a right of property in the animal; and (2) Acknowledging that the animal may be immediately euthanized or disposed by the methods listed in subsections (c)(2) through (c)(5) of this section. (f) Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo or other form of identification which, based on the written certification of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility; unless sooner claimed by the rightful owner. The certification of the disinterested person shall be kept with the animal as required by Code of Virginia, § 3.1- 796.1053.2-6546. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the facility. (g) For purposes of this section: Animal shall not include agricultural animals. Humane society, when referring to an organization without the commonwealth, means any nonprofit organization organized for the purpose of preventing cruelty to animals and promoting humane care and treatment or adoption of animals. Rightful owner means a person with a right of property in the animal. 12 Sec. 10-15. - Fees. (a) The owner of any stray or other animal apprehended and/or impounded pursuant to this chapter shall pay the town the following fees prior to the release of the animal: (1) Impoundment fee. Such daily fee as may be established by the town council from time to time. (2) Pickup fee. A fee of $25.0035.00 for an initial pickup of such stray or otheran animal; a fee of $35.0050.00 for a second pickup of the same animal within 12 months of the initial pickup; or a fee of $50.0075.00 for a third or successive pickup of the same animal within 12 months of the initial pickup. (b) The fees established by this section shall be in addition to any other fines or costs which may be imposed in connection with the apprehension and/or impoundment of a stray or other animal. Sec. 10-16. - Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale. (a) Any humane investigator, law enforcement officer or the animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or that is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. Upon seizing or impounding the animal, such person shall petition the county general district court for a hearing. The hearing shall be not more than ten business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated or has not been provided adequate care. (b) The humane investigator, law enforcement officer or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the town, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the town, written notice by any method or service of process, as is provided by the Code of Virginia, shall be given. If such person or the custodian is not known, the humane investigator, law enforcement officer or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing, and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the county general district court. (c) The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Code of Virginia, § 19.2-260. The commonwealth shall be required to prove its case beyond a reasonable doubt. 13 (d) The humane investigator, law enforcement officer or animal control officer shall provide for such animal until the court has concluded the hearing. If the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated or deprived of adequate care, then the court shall order that the animal be: (1) Sold by the town; (2) Humanely destroyed, or disposed of by sale or gift to a federal agency, state supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the commonwealth; (3) Delivered to any local humane society or shelter, or to any person who is a resident of the town, the county or an adjacent county or city in the commonwealth and who will pay the required license fee, if any, on such animal; or (4) Delivered to the person with a right of property in the animal as provided in subsection (e) of this section. (e) In no case shall the owner be allowed to purchase, adopt or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated or deprived of adequate care; however, the court shall direct that the animal is delivered to the person with the right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment or deprivation of adequate care is not attributable to the actions or inactions of such person. (f) The court shall order the owner of any animal determined to have been abandoned, cruelly treated or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care. (g) The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner's past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care and treatment of animals and the owner's mental and physical condition. (h) If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating Code of Virginia, § 3.1- 796.733.2-6504 or Code of Virginia, § 3.1-796.1223.2-6570. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition. (i) Any person who is prohibited from owning or possessing animals, pursuant to subsections (g) or (h) of this section, may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, 14 repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist. (j) When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid to the literary fund of the state treasury. (k) Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law enforcement officer, animal warden, animal control officer or licensed veterinarian. (l) The provisions of this section which address whether an animal has been provided with or deprived of adequate care shall apply only with respect to the companion animals. * * * ARTICLE II. - DOGS AND CATS * * * DIVISION 2. - DANGEROUS AND VICIOUS DOGS Sec. 10-66. - Dangerous dog; vicious dog; penalties; procedures. (a) Dangerous dog. If, after hearing evidence, the court finds any dog to be a dangerous dog, the court shall, in addition to any other penalties imposed, order the dog's owner to comply with the provisions of section 10-68. (b) Vicious dog. If, after hearing the evidence, the court finds any dog to be a vicious dog, the court shall, in addition to any other penalties imposed, order the animal control officer to euthanize the dog in accordance with Code of Virginia, § 3.1-796.119. (c) Procedures. When any animal control officer has reason to believe that a dog within his jurisdiction is a dangerous dog or a vicious dog, he shall apply to a magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is a dangerous dog or a vicious dog. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer to produce the animal. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in article 4 (§ 19.2-260 et seq.) of chapter 15 of title 19.2 of the Code of Virginia. The commonwealth shall be required to prove its case beyond a reasonable doubt. 15 Any animal control officer or law-enforcement officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous or vicious dog as set forth in Virginia Code §§ 3.2-6540 and 3.2-6540.1, shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the owner to comply with the provisions of section 10-67 and 10-68. If the court finds that the dog is a vicious dog the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, § 3.1- 796.1193.2-6540.1. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in article 4 (§ 19.2-260 et seq.) of Chapter 15 of title 19.2 of the Code of Virginia. The commonwealth shall be required to prove its case beyond a reasonable doubt. Sec. 10-67. - Licensure of dangerous dogDangerous dog registration certificate. The owner of any dog found by a court to be a dangerous dog shall, within tenthirty days of such finding, obtain a dangerous dog licenseregistration certificate from the treasurerdepartment of finance for the town by paying the a fee required by section 10-44of $150.00, and any other outstanding fees and costs. The treasurerfinance department shall provide the owner with a uniformly designed tag which identifies the dog as a dangerous dog. The owner shall affix the tag to the dog's collar and ensure that the dog wears the collar and tag at all times. All licensescertificates issued pursuant to this section shall be renewed annually as required by section 10-44Virginia Code § 3.2-6540(G) for a fee of $85.00. All dangerous dog certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence: (1) Of the animal's current rabies vaccination, if applicable; (2) That the animal has been neutered or spayed; and (3) That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for licenses or renewals thereof under this section shall not be issued a license or renewal thereof unless they present satisfactory evidence that: (1) Their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and 16 (2) The animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. All licenses or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000.00 that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000.00. The animal control officer shall provide a copy of the dangerous dog registration certificate and verification of compliance to the state veterinarian. Sec. 10-68. - Keeping dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep or harbor any such dog within the town except in compliance with each of the following conditions and specifications: (1) While on the property of its owner, a dangerous dog shall be confined indoors, or, if kept outdoors, shall be kept in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults or other animals. The structure shall be designed to provide the dog with shelter from the elements of nature. (2) While off the property of its owner, a dangerous dog shall be kept on a leash and muzzled in such a manner so as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (3) The owner shall produce satisfactory evidence of and post clearly visible signs warning both minors and adults of the presence of a dangerous dog on the owner's property. (4) The owner shall produce satisfactory evidence of and shall permanently identify the dog by means of a tattoo on the dog's inside thigh or by electronic implantation. (5) The owner of any dangerous dog shall obtain insurance coverage, in the amount of not less than $100,000.00 that covers animal bites insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this section at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or police officer. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000.00. No license or license renewal shall be issued until the owner produces satisfactory evidence of such insurance or bond in surety. (6) After an animal has been found to be a dangerous dog, the owner shall immediately, upon learning of the same, notify the animal control officer: a. Of the name, addresses and telephone numbers of all owners; b. Of all the means necessary to locate the owner and the dog at any time; c. Of any complaints or incidents of attack by the dog upon any person or cat or dog; d. Of any claims made or lawsuits brought as a result of any attack; e. Of the tattoo or chip identification information or both; f. Of proof of insurance or surety bond; 17 g. If the dangerous dog is loose or unconfined; h. If the dangerous dog bites a person or attacks another animal; i. If the dangerous dog is sold, given away, dies, or has been moved to a different address. (7) After an animal has been found to be a dangerous dog, the owner shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under Code of Virginia, § 3.1-796.93.3, within 45 days of such a finding by a court of competent jurisdiction. (87) If a minor is the owner of a dangerous dog, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (98) In addition to the conditions and specifications established by this section with respect to dangerous dogs, the owner of any dangerous dog shall meet all other requirements established by this article for keeping any dog. Sec. 10-69. - Violations. Any owner of any canine or canine crossbreed or other animal is guilty of a: (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this division or the state comprehensive animal laws, which such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section or the state comprehensive animal laws, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; (3) Class 16 misdemeanorfelony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton and culpable as to show a reckless disregard for human life and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person; (4) Class 1 misdemeanor if the owner of an animal previously declared a dangerous dog pursuant to this division or the state comprehensive animal laws willfully fails to comply with the requirements of this division. All fees collected pursuant to the dangerous dog and vicious dog provisions herein, less the costs incurred by the animal control authority in producing and distributing the certificates, licenses and tags required by this chapter, shall be paid into a special dedicated fund to the treasurerdepartment of finance for the purpose of paying the expenses of any training course required under Code of Virginia, § 3.1-796.104.13.2-6556. This ordinance shall take effect upon passage. 18 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 April 3, 2018 Department Administration Issue Consider nominations for the 2018 VML Policy Committees Summary The Virginia Municipal League is accepting nominations for its 2018 Policy Committees. A description of the Policy Committee process is attached, along with our 2017 list. This information must be submitted to VML no later than Wednesday, April 18th. Attachments 2018 VML Policy Committee Information 2017 List Recommendations Motion to nominate and approve committee assignments Town Council Agenda Summary 1 VML’s Legislative and Policy Committee Process Each year the Virginia Municipal League develops two separate documents -- a legislative program and a compilation of policy statements -- through a process that involves the Legislative Committee and six separate policy committees. The Legislative Committee is responsible for developing the legislative program, but it may also rely on input from the policy committees to do so. The policy committees develop broad policy statements, in addition to submitting specific legislative recommendations for consideration by the Legislative Committee. Legislative Committee What is the role of the Legislative Committee? The Legislative Committee is responsible for considering and developing positions on existing or proposed state and federal legislation or regulations, and urging the enactment or amendment of, or opposition to, such legislation or regulations. How is the Legislative Committee appointed? VML’s Constitution spells out the composition of the Legislative Committee. The committee consists of 24 individuals holding local elective or appointed positions, all appointed by VML’s President. Of the 24 members, 12 must be representatives of cities and urban counties with populations in excess of 35,000, six must be representatives of cities and urban counties with populations of 35,000 or less, and six must represent towns. What is included in VML’s Legislative Program? The legislative program adopted by the Legislative Committee reflects specific legislative objectives that VML hopes to achieve during the upcoming legislative session. It is subject to the approval of VML’s membership at the annual conference. What is the relationship between the legislative committee and VML’s policy committees? The Legislative Committee meets prior to the policy committees to identify issues that it would like the committees to consider for potential inclusion in the league’s legislative program. It meets again after the policy committees have met to consider their recommendations. Policy Committees What is the role of the policy committees? Policy committees receive briefings on select statewide issues, consider possible changes to the policy statement, and develop legislative recommendations for the Legislative Committee to consider. How are policy committees appointed? Policy committee membership consists of elected and appointed officials of full-member local governments. Nomination information is sent in the spring to each locality, and each local government determines which of its officials will be nominated for each of the six policy committees. Each local government may nominate up to two people per policy committee, at least one of whom must be an elected official. 2 What are the benefits of serving on a policy committee? VML policy committees offer members an opportunity to learn about current and emerging statewide issues that affect local governments, to develop through policy statements the broad philosophical framework that guides the league, and to network with local officials with similar policy interests. How many policy committees are there? There are six policy committees: community and economic development, environmental quality, finance, general laws, human development and education, and transportation. What issues does each policy committee cover? • Community & Economic Development: Authority, administration, and funding of local governments to manage a full range of community and economic development issues, including business development and retention, international competitiveness, infrastructure development and investment, planning, land use and zoning, blight, enterprise zones, housing, workforce development and historic preservation. • Environmental Quality: Natural resources and the authority of local governments to manage the environment, including water resources and quality, solid and hazardous waste management, air quality and the Chesapeake Bay. • Finance: Powers, organization and administration of local government financing, including taxing authority, debt financing, state aid to local governments and federal policies affecting local finance issues. • General Laws: Powers, duties, responsibilities, organization and administration of local governments, including state-local and inter-local relations, conflicts-of-interest, freedom-of- information, information management and personnel, telecommunications, utilities and law enforcement, jails and courts issues. • Human Development and Education: Management and funding of social services, prek-12 education, health, behavioral health, juvenile justice, recreation, rehabilitation and aging. • Transportation: Development, maintenance, and funding of a comprehensive land, sea and air transportation system for the Commonwealth, and federal, state and local roles in the provision and regulation of transportation. What is a policy statement? Each policy committee develops a policy statement that covers issues in its respective area. The policy statement expresses the agreement of VML’s membership on matters of interest to local governments. The statement generally addresses broad, long-term, philosophical positions. The VML membership approves the policy statements at its annual meeting. How do policy statements differ from VML’s legislative program? Policy statements are general in nature. They reflect local governments’ positions on a range of issues. The Legislative Program is more specific and immediate. It is limited to legislative positions that VML expects to lobby on during the upcoming legislative session. VML 2017 Policy Committee Nominations Please return this form by April 14 to Joni Terry at VML, P.O. Box 12164, Richmond, VA 23241; Fax 804/343-3758; email: jterry@vml.org Community & Economic Development Name & Title: ______________________________________________________________________________ Name & Title: ______________________________________________________________________________ Environmental Quality Name & Title: ______________________________________________________________________________ Name & Title: ______________________________________________________________________________ Finance Name & Title: ______________________________________________________________________________ Name & Title: ______________________________________________________________________________ General Laws Name & Title: ______________________________________________________________________________ Name & Title: ______________________________________________________________________________ Human Development & Education Name & Title: ______________________________________________________________________________ Name & Title: ______________________________________________________________________________ Transportation Name & Title: ______________________________________________________________________________ Name & Title: ______________________________________________________________________________ Signed: _______________________________________Locality:____________________________________ (Mayor/Chair, or Manager/Administrator) Keith Liles, Council Member Richard W. Peters, Jr., Assistant Town Manager/Director of Economic Development Janet Scheid, Council Member Anita McMillan, Planning & Zoning Director Matthew S. Hare, Vice Mayor Anne W. Cantrell, Treasurer/Finance Director Thomas L. Foster, Police Chief Barry W. Thompson, Town Manager Bradley E, Grose, Mayor Donna Collins, Human Resources Director Sabrina McCarty, Council Member Joey Hiner, Public Works Director Town of Vinton