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HomeMy WebLinkAbout8/20/2019 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, August 20, 2019 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 July 16, 2019 2. Consider adoption of Resolution appropriating $100.00 received from Project Support, Inc. to utilize at the Police Department’s discretion to fund supplies for National Night Out on August 6, 2019. G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Proclamation to recognize the William Byrd High School Softball Team for winning the first State title in school history - Mayor 2. Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ended June 30, 2018 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. I. TOWN ATTORNEY Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 J. TOWN MANAGER 1. BRIEFINGS a. Briefing on resolution of support for application to Virginia Department of Transportation (VDOT) for Revenue Sharing matching funds for the Mountain View Reconstruction project – Joey Hiner b. Briefing on proposed Ordinance to amend Chapter 34, Environment, Article II, Noise, Sections 22, 23, 26 and 27 of the Town Code – Nathan McClung 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to execute a Contract for Professional Legal Services between the Town of Vinton and Roanoke County Commonwealth’s Attorney retroactive to July 1, 2019 – Anne Cantrell 3. COMMENTS/UPDATES K. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Anne Cantrell 2. Public Works Committee – Joey Hiner L. MAYOR M. COUNCIL N. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (3) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property located in the Vinton downtown area for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (7) for consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the Town's negotiating or litigating posture. O. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING P. ADJOURNMENT 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 3 NEXT TOWN COUNCIL/COMMITTEE MEETINGS: September 3, 2019 – 7:00 p.m. – Council Meeting - Council Chambers September 11, 2019 – 5:30 p.m. – Highway Safety Committee Meeting – TOV Conference Room September 12, 2019 – 7:30 a.m. – Public Works Committee meeting – Public Works Conference Room September 12, 2019 – 6:00 p.m. – Joint Local Government Meeting with leadership of Carilion and Virginia Tech – Virginia Tech Carilion Building October 10, 2019 – 4:00 p.m. – Economic Development Tour with Vinton Town Council and Roanoke County Board of Supervisors Meeting Date August 20, 2019 Department Town Clerk Issue Consider approval of the minutes of the Regular Council meeting of July 16, 2019 Summary None Attachments July 16, 2019 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JULY 16, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty Janet Scheid Michael W. Stovall MEMBERS ABSENT: Keith N. Liles, Vice Mayor STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Thomas Foster, Police Chief Anne Cantrell, Finance Director/Treasurer Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Chasity Barbour, Community Programs & Facilities Director 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Scheid, Council Member Stovall and Mayor Grose present. Vice Mayor Liles was absent. Roll call After a Moment of Silence, Skylour Stultz led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: July 19 – 6-10 p.m. - Feeding America Food Truck Festival – Farmers’ Market; August 10 – Mingle at the Market with Rutledge - Farmers’ Market; August 23 through September 8 – The Confederates – Playhouse and October 5 – Fall Festival-Octoberfest commented on the success of the Benefit Car Show in Town this past Saturday. The Town Clerk announced that National Night Out will be held on August 6th beginning at 6:00 p.m. at the War Memorial. In order to allow Council and staff to participate in the event, there will be no regular Council meeting. The softball team and coaching staff has been invited to attend the event to School’s history. Chief Foster commented that his department will be joining with other law enforcement agencies in the Roanoke Valley to have a common theme promoting 2 Chief Foster commented on the 50th Anniversary of the Apollo 11 launch and then read a quote from President John F. Kennedy, “We choose to go to the because that goal will serve to organize and measure the best of our energies and skills, becau challenge is one that we are willing to accept, one we are unwilling to postpone, and one we intend to win”. the Consent Agenda as presented; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Stovall, Grose; Nays (0) – None; Absent (1) - Liles. Approved minutes of the Regular Council Meeting of July 2, 2019 and Resolution No. 2311 approving a loan to Under awards, introductions, presentations, Chief Foster made brief comments and presented a plaque to Corporal Silas Chapman as Officer of the Quarter. package and is on file in the Town Clerk’s Office as a part of the permanent record. question from Council Member Scheid with regard to the difference in April and May for traffic stops, Chief Foster commented that the DUI Task Force Officer was on extended medical leave during a portion of that time and his primary job responsibility involves traffic enforcement. The next item on the agenda was a briefing on the greenway easements to the Town for the Glade Creek Greenway Phase 2 Project. Anita McMillan first commented that the Glade Creek Greenway Phase 1 was completed in 2017 through revenue sharing funds and the Town was awarded Transportation Assistance grant funding for the construction of Phase 2. Two- thirds of the Phase 2 Greenway is on Roanoke County property and in April of 2016 Roanoke County donated the easement along the creek. Ms. McMillan next commented that Phase 2 has been review required by Norfolk Southern and the U.S. Fish and Wildlife Service and the increase in costs. A Transportation Assistance application submitted for Phase 2B. The trailhead parking is not on the Town- 3 trailhead parking, the drainage work that needs to be done for the trail itself and for the temporary construction site. The draft easement, which was prepared by the Roanoke County attorney and a copy of the plan showing the easement was a part of the agenda package. The plat has to be revised to correct the instrument number. The Roanoke County Board of Supervisors will be on July 23rd and the second reading will be on August 22nd We would like to get all of the easements completed by the end of August in order to have the project advertised for bid by October. Council Member Scheid asked if the drainage easements would be temporary or permanent and Ms. McMillan responded they would be permanent and would be needed for drainage off the greenway. The Town Attorney commented that he had reviewed appropriate. The would be on the August 20th agenda for Council action. The next item on the agenda was a briefing on the renewal of a Contract for Professional Legal Services between the Town of Vinton and the Roanoke County Commonwealth’s Attorney. Anne Cantrell commented that staff was contacted by Roanoke County to renew the contract; however, with the upcoming election and a new Commonwealth’s Attorney being elected, the Finance Committee recommended having the term of the Contract coincide with the election. The Town Attorney commented that the prior Contract was from 2017 to 2019. He drafted the new Contract for 2019-2021, but included language that either party could opt out of the agreement after seve This would give time for the Attorney to be elected and for the parties to have a discussion Contract or if they want to opt out. If the parties elect not to opt out, then we have a Contract in place and we do not have to sign a new one. It can be drafted in another manner and has not yet been sent to the Commonwealth’s Attorney’s Office for their Also, he drafted the Contract to provide for a seven- month payment up to the opt out clause rather than a one-year payment and another five-month payment would be made if neither party opts out. Committee meeting. The Town Attorney responded 4 into the opt out provision. Council Member Scheid next commented there was message with the seven-month Manager commented that he sent an email to the Commonwealth’s Attorney Contract would be for six months plus one; however, this basically does the same thing and will satisfy some of the Interim Commonwealth’s Attorney’s concerns. The Town Manager next commented that the Interim Commonwealth Attorney meeting to discuss the Contract before the matter is brought back to Council for action. Council Member that was necessary. The next item on the agenda was to consider Manager and Town documents, including a deed, to accept the donation located adjacent to Glade Creek, designated as Tax Map Parcel Number 060.11-04-10.00- Town of Vinton. Anita McMillan commented Council was briefed on the donation of this vacant parcel that is located off Glade Creek at their July 2nd meeting This property could be used for a future streambank restoration project or funds to put a p connection for the Midway Community to Glade Creek Greenway Phase 2. Council Member Scheid made a motion to approve the Resolution as presented; the motion was seconded by Council Member McCarty and carried by the following roll call members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Stovall, Grose; Nays (0) – None; Absent (1) - Liles. documents, including a deed, to accept Beliveau of real estate located adjacent to Glade Creek, designated as Tax Map Parcel Number 060.11-04-10.00-0000, to the Town of Vinton The next item on the agenda was to consider adoption of a Resolution approving a variance of the Emporium. The Town Manager commented that on July 2nd Council was briefed that Emporium will be having a special event on July 27th and has requested a Special Event Permit in order to The Town Manager next read from the that was a part of the agenda package. Town staff has incorporate language in the second paragraph that live and recorded music in the parking lot of Rosie’s will be 5 provides that live and recorded music will end no later than 10:30 p.m., the final public address announcements are to occur at 11:00 p.m. and only cleanup activities may occur between 11:00 p.m. and 11:59 p.m.; Item 3 provides that no outdoo sales are to occur after 10:30 p.m. and Item 4 provides that music, live or recorded, shall not be plainly audible from the stage. The updated Resolution was provided to Rosie’s staff, has been discussed with all of the pertinent Town staff and has been provided to Council. The Mayor commented that a briefing was held at the previous Council meeting, but he would give anyone present an opportunity to comment. Zelia Broyles of Augusta Avenue 10:30 p.m. was late and requested that the music be stopped at 10:00 p.m. Ray Sandifer of Colbourne Avenue commented that ending the music as late as 10:30 p.m., which is going an hour and a half beyond the Town Ordinance at a Also, up announcing winners which will be even louder than the music. He requested that the music end at 10:00 p.m., the announcements end at 10:30 p.m. at the latest and all the cleanup be over by 11:30 p.m. The Town Manager next commented that from the first set of letters comments were received Coffey and Ray Sandifer on Colbourne; second set of letters, comments were received from William Hanks on Colbourne and returned not deliverable. Today Rich McGimsey with RGM Properties called to receive more information on the event and indicated he was mutual on the matter, but was willing to give Rosie’s a chance to see if they follow the regulations agreed on for the noise variance request. Mr. McGimsey also asked if we charge for a noise variance request and if not, maybe we should since there is staff time and postage associated with these requests. He thanked the Town for notifying the surrounding property owners about the request. Manager commented there were five with two returns and 77 total letters were mailed out. event is going on in conjunction with two other Rosie’s not in the area and Jeff Spaugh, Marketing Manager 6 11:00 p.m. drawing time was set by the corporate office. Council Member McCarty next commented that there is a possibility with future events that Rosie’s would not do the drawing at 11:00 p.m. commented absolutely. many people they were expecting to attend the event and Mr. Spaugh responded the 487 and they thanked him for hiring four additional police officers. Council Member McCarty next asked if they foresee doing events similar to this one in the future and Ms. Spaugh responded yes. Now that he, Ernie and the rest of Rosie’s staff have a better understanding of the Town’s ordinances, they will send that information to the corporate office and strongly encourage Vinton site that these events are held earlier in the day. The New Kent County racetrack nearby and the one in Midlothian is in a former K-Mart building and in a very high traffic commercial area. Council Member McCarty next asked J.D. Sutphin of Big Lick Entertainment if they will have three sets that night. Mr. Sutphin responded yes. Ms. McCarty then asked Mr. Sutphin if he would be opposed to combining two of those sets so only recorded music is played at 10:00 p.m. at a lower level and Mr. Sutphin responded they could do that. Ms. McCarty further commented we want to work with everyone involved since this is brand new to everyone and Rosie’s has been very beneficial to the Town. Ray Sandifer from the audience asked if the drawing for the car could be done inside. responded that the drawing would computer system inside the building with a live visual feed outside where people will see the names Mr. Sandifer next commented that he had not seen the layout for the location of the staging commented that the stage would side of the bottom of their parking lot with the music facing towards Bojangles. like this regardless of what they are that will not make everybody happy. It is a learning process. He understands that Town staff will be bringing the noise ordinance to Council ch 10:00 p.m. Council Member McCarty addressed 7 citizens could bear with Council for this one event and allow them to fix the situation going forward so everyone could be happy. Council Member Scheid expressed thanks to staff and the Town Attorney for revising the Resolution and the citizens who have responded to the letters. The location in the Town is unique with dense residential areas and business and wants Rosie’s to their word that they will convince their corporate office that this is not necessarily appropriate time in the Town. The Town Attorney commented that any motion would need to say that Item 2 modified to state that live music will end no later than 10:00 p.m. and recorded music will end no later than 10:30 p.m. With this change, he thought it would accomplish what Council Member McCarty Council Member Scheid asked that it also be changed in the second Whereas paragraph for consistency. The Mayor expressed appreciation to all present. With 3.2 square miles and 8,200 residents, the Town is very entertainment, obviously it does affect the surrounding neighborhoods. He sensitive to that and was glad we were able to work out these compromises. Council Member Stovall made a motion to approve the Resolution as revised; the motion was seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Stovall, Grose; Nays (0) – None; Absent (1) - Liles. Adopted Resolution No. 2313 approving Emporium The Town Manager gave an update on the Tinker Avenue citizen complaint from the July 2nd meeting. The trash that was reported has been removed along with two vehicles. The Police Department continues to work on two other vehicles letters have been generated and they are continuing to monitor that area on other issues. Mr. Atkinson has indicated to Officer Caldwell that th somewhat pleased with the progress. Council Member Stovall asked Chief Foster if he had meeting. Chief Foster responded that he went out to the property at 8:00 a.m. this morning and Sergeant Caldwell 8 did an inspection from the roadway at 5:25 p.m. today and met with his received on July 2nd indicated trash and debris and they have issued inoperable on the property. The have been removed and several of the vehicles that were inoperable or did not meet the legal definition of property have been removed. Council Member Stovall commented that he spoke to the individuals prior to the meeting and they indicated comments on the progress. He asked Chief Foster to contact him. Under reports from Council Committees, Anne Cantrell first commented that the Finance Committee met on July 8th Attorney contract; First Aid Crew Reimbursement for FY 2020; Twin Creek Brewing Company Revolving Loan Application; May 2019 Financial Report and the Water/Sewer Rate Study. With regard to the May financial report, Ms. Cantrell reviewed a PowerPoint presentation, which is on file in the Town Clerk's Office as a part of the permanent record. Mr. Cantrell commented that with regard to Fund has been officially been set up and segregated and is included in the total. Ms. Cantrell next commented the renewal of the Commonwealth’s Attorney contract terms to coincide with the election was discussed The First Aid Crew has requested their total FY2020 contribution of $15,000 up front to be used toward a grant match from the State to replace the 11-year old heart monitors. The grant is 50/50 and Roanoke County has agreed to pay 25%. After the Town’s contribution of $15,000, the Crew approximately $2,000 to pay. This was approved by the Finance Committee. The Committee reviewed the Twin Creeks Brewing Company revolving loan application, which was also reviewed prior by the Revolving Loan Committee and approved by Council under the Consent A Twin Creeks had received a revolving loan previously and had a good payment record with the Town. The Committee requested staff to develop a timeline for the Water/Sewer Rate Study. 9 Council Member McCarty commented that the pari- mutuel tax collection for May of $26,229.67 was from Rosie’s. The Mayor commented on the briefing of the Water/Sewer Rate study and encouraged Council to closely review the Study and to Manager if they have any questions. Council will be asked to consider taking action on the Study at an upcoming meeting. Council Member Scheid made a motion to approve the May motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) - McCarty, Scheid, Stovall, Grose; Nays (0) - None; (1) - Absent - Liles. Report The Mayor commented on the success of the recent benefit car show and expressed appreciation to the Police Department for representing the Town so well at that event. He also commented that he had received had approved for them. Comments from Council: Council Member Stovall commented on the work done on Mountain View Road near his home and expressed his appreciation to the Public Works Department and the contractor. Council Member McCarty made a motion to adjourn the meeting; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Stovall, Grose; Nays (0) – None; Absent (1) - Liles. The meeting was adjourned at 8:24 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 20, 2019 Department Police Issue Consider adoption of Resolution appropriating $100.00 received from Project Support, Inc. to utilize at the Police Department’s discretion. Summary The donated funds from Project Support, Inc. will be used to fund supplies for National Night Out, which occurred on August 6, 2019. 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, AUGUST 20, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, Project Support, Inc. made a donation to the Vinton Police Department in the amount of $100.00 to utilize at the department’s discretion to fund supplies for National Night Out, which was held on August 6, 2019; and WHEREAS, the donation has been received into the Revenue Account 200.1899.016 – POL - Donations in the amount of $100.00; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1899.016 – POL - Donations to the Expenditure Account – 200.3101.553 – Materials/Supplies. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25000 ESTIMATED REVENUE $100.00 200.25100 APPROPRIATIONS $100.00 FROM REVENUE: 200.1899.016 POL - DONATIONS $100.00 TO EXPENDITURE: 200.3101.553 MATERIALS/SUPPLIES $100.00 TOTAL $100.00 This Resolution was 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 August 20, 2019 Department Council Issue Proclamation to recognize the William Byrd High School Softball Team for winning the first State title in school history Summary The William Byrd High School Softball Team won their first State title in school history by defeating Woodgrove High School. The members of the Softball Team and the coaching staff have been invited to attend the Council meeting to be recognized for this great accomplishment. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the WILLIAM BYRD HIGH SCHOOL SOFTBALL TEAM finished their season with an outstanding overall record of 20 wins and 6 losses and earned their trip to a State championship game by winning the semifinal game by defeating Great Bridge High School by a score of 3 to 2; and WHEREAS, the WILLIAM BYRD TERRIERS won their first State title in school history by defeating Woodgrove High School by a score of 3 to 2; and WHEREAS, the TERRIERS have been under the dedicated leadership of Head Coach Greg Barton for the last 12 years, assisted by coaches Mike Andrews, Eric Thomas, Scott Whitehead, Cassie Brammer, Todd Maxey, Allen Wood and Melissa Vaughan; and WHEREAS, Coach Greg Barton was named both VHSL State and Region 4D Coach of the Year; and WHEREAS, Megan Grant was named both VHSL and Region 4D Player of the year and Region 4D First Team; Sydney Burton and Jada Karnes were named VHSL First Team All-State and Region 4D First Team; Lexi Powell was named Region 4D First and Second Team and Erin Courtemanche and Bri Hodges were named to Region 4D second team. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby extend sincere congratulations to the members of the WILLIAM BRYD HIGH SCHOOL SOFTBALL TEAM: Keely Hoal, Maddy Tuck, Lexi Powell, Erin Courtemanche, Sydney Burton, Logan Pakela, Morgan Webb, Megan Grant, Jada Karnes, Bri Hodges, Morgan Icard, Rachel Cruff and Hallie Cox and best wishes to the members of the team, the coaches and the school in their future endeavors. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 20th day of August, 2019. Bradley E. Grose, Mayor Meeting Date August 20, 2019 Department Finance/Treasurer Issue Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ended June 30, 2018 awarded to the Treasurer/Finance Department Summary The Town of Vinton has been notified that its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2018, qualifies for a Certificate of Achievement for Excellence in Financial Reporting for the 23rd year. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly communicate the Town’s financial story and motivate potential users and user groups to read the CAFR. Attachments GFOA Certificate Recommendations Present the Award Town Council Agenda Summary Meeting Date August 20, 2019 Department Public Works Issue Briefing on resolution of support for application to Virginia Department of Transportation (VDOT) for Revenue Sharing matching funds for the Mountain View Reconstruction project Summary The Town is planning to reconstruct Mountain View Road and is applying for matching funds through the VDOT Revenue Sharing Program. The Town has committed to place $500,000 towards the project, with a $500,000 match from Revenue Sharing. The application process requires a Resolution from Town Council that indicates a desire to participate in the Revenue Sharing program, commitment to fully fund the project, and support to submit the application. The final application is to be submitted to VDOT no later than October 1, 2019, to be eligible to receive funds for the 2021-2022 fiscal year. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date August 20, 2019 Department Planning and Zoning Issue Briefing on proposed Ordinance to amend Chapter 34, Environment, Article II, Noise, Sections 22- 23, 26-27 of the Town Code Summary The past two decades have been marked by cultural and economic changes in the Roanoke valley as local markets shift into a predominantly service-based economy. This economic shift has allowed for more businesses that focus on entertainment, recreation, food/beverage service, and experiences to grow and develop throughout the region; including the Town of Vinton. The revitalization of downtown areas and commercial corridors has caused a major shift in the demand for businesses to remain open later into the night time hours. Local governments have responded to this demand by changing their noise ordinances to allow for later hours of operation for various types of uses, events, and activities. In fact, the Town of Vinton is currently the only locality in the Roanoke Valley that does not have its noise ordinance start time beginning at 10:00 p.m. The proposed revisions to the noise ordinance includes added and eliminated language that will improve and modernize our regulations to accommodate for new technologies, uses, activities, State Code changes, and phenomena. These revisions will also allow for our local businesses, public services, and events to remain competitive in the Roanoke valley. Attachments Draft of Noise Ordinance Chart of Localities: Start and End Times Recommendations No Action Required Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, SEPTEMBER 3, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Chapter 34, Environment, Article II, Noise, Sections 22-23, 26- 27, of the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 34, Environment, Article II, Noise, Sections 22-23, 26-27, of the Vinton Town Code are amended as follows: Chapter 34 – ENVIRONMENT * * * ARTICLE II. - NOISE Sec. 34-22. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dwelling unit shall mean one or more rooms arranged, designed, or intended to be occupied as separate living quarters by one or more persons and including permanent provisions for living, sleeping, eating, cooking, and sanitation. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Town of Vinton Public Works Department, the Western Virginia Water Authority, or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Instrument, machine or device means and refers to any musical instrument, drum, radio, phonograph, compact disc player, cassette tape player, MP3 player, video player, loudspeaker, amplifier or any other machine or device for producing, reproducing or amplifying sound. Motor[JC1] vehicle means the following self-propelled vehicles: passenger cars, trucks, pickup or panel trucks, tractor truck, -trailers, farm tractors, semitrailers, campers, racing vehicles, and any motorcycles including, but not limited to, mopeds, motorized skateboards and 2 scooters, minibikes motor-driven cycles, all-terrain vehicles and three-wheelers, as defined in Code of Virginia, § 46.2-100, as amended. * * * Plainly audible shall mean any sound that can be detected by a person using his or her unaided hearing faculties. When music is involved, the detection of rhythmic bass tones shall be sufficient to be considered plainly audible sound. Public property means any real property owned or controlled by the Town or any other governmental entity. Residential dwelling means any building or other structure in which one or more persons resides on a permanent or temporary basis, including, but not limited to, houses, apartments, condominiums, hotels, and motels. * * * Sec. 34-23. - Exceptions. The provisions of this article shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work. (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship. (3) Sound generated from school-sponsored athletic or recreational events. (4) Gardening, lawn care, tree maintenance or removal, and other landscaping activities, provided such exemption shall terminate between the hours of 10:00 p.m. and 7:00 a.m. the following day. (54) Sound generated by parades, fireworks, and other special events or activities which are an official or approved part of the Vinton Dogwood Festival, or any other town-approved festival or activity. (65) Sound generated in M-1, M-2 and B-G GB zoning districts which are necessary and incidental to the uses permitted therein. (76) Sound for which a variance has been granted in accordance with section 34-27. (87) Religious or political gatherings and other activities protected by the First Amendment to the United States Constitution. (98) Sounds generated by airplanes and trains. (10) Warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic-safety purposes. (11) Transportation services, refuse collection and sanitation services carried out by the Town or other public authorities. (12) Sound for which a variance has been granted in accordance with section 34-27 of this article. (13) Activities for which the regulation of noise has been preempted by federal law. 3 * * * Sec. 34-26. - Loud noises prohibited. The following acts are declared to be noise disturbances in violation of this article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance and provided that the acts so specified as follows may still constitute a noise disturbance independently of the hours of day such acts take place: (1) Engaging in, or operating or causing to be operated any equipment used, in the construction, repair, alteration or demolition of buildings, streets, alleys or appurtenances thereto, except for emergency work, between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. the following day. The use of construction vehicles for transportation to and from an active construction site may be done at any time. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical device between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. the following day in a manner as to be plainly audible across property boundaries. (3) Loading or unloading trucks in the outdoors within 100 yards of a residential dwelling residence between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 9:00 p.m. and 7:00 a.m. the following day, in such a manner as to be plainly audible across property boundaries or through partitions common to two residences within a building or plainly audible at a distance of 50 feet or more from such device. Operating or permitting the use or operation of any instrument, machine, or device for the production, reproduction, or amplification of sound, at a volume sufficient to be plainly audible through partitions common to two (2) residences within a building or plainly audible at fifty (50) feet or more from such device or its source. (6) Using or operating on the inside or outside of any store, shop, business establishment, warehouse, or commercial building, any loudspeaker, sound amplifying equipment, or other sound producing or reproducing device capable of emitting music, noise, sounds, tapes, or voice in such a manner that it is plainly audible at a distance of 50 feet or more from the store, shop, business establishment, warehouse or commercial building unless it is used only intermittently for announcing or paging an individual or unless it signals the ringing of a telephone, danger from smoke, a fire, or a burglary, or the beginning or stopping of work or school, or unless it is operated in accordance with conditions of zoning. Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior 4 area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. (7) Playing or permitting the playing of any radio, stereo, tape player, compact disc player, loud speaker, sound-amplifying equipment, or other electronic device or mechanical equipment used for the amplification of sound within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet of more from the vehicle. Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production, reproduction, or amplification of sound in a motor vehicle at a volume sufficient to be plainly audible at fifty (50) feet or more from such vehicle. This provision shall not apply to sirens, loud speakers, and emergency communications radios in public safety vehicles; nor shall this provision apply to motor vehicle alarms or other security devices. (8) Using or operating any motor vehicle without factory-installed mufflers or their equivalent, on private property within a residential use district unless it is equipped with a muffler and exhaust system that complies with Sections 46.2-1047 and 46.2-1049 of the Code of Virginia, as amended[JC2]. (9) To allow noise between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. that is plainly audible either inside the confines of the dwelling unit, house, or apartment of another person or at a distance of 50 feet or more from the source of the noise. (10) Allowing any animal (except farm animals in agricultural districts) to create a noise[JC3] disturbance that is plainly audible at least once per minute for ten consecutive minutes (i) inside the confines of the dwelling unit, house, or apartment of another or (ii) at a distance of 50 feet or more from the animal. This provision shall not apply if the noise is due to harassment of or injury to the animal, or due to a trespass upon the premises where the animal is located. (11) Creating plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or tree removal, and other landscaping, lawn, or timbering activities. (12) Failing to deactivate an alarm system plainly audible at a distance of 50 feet or more from such alarm within 30 minutes of hearing the alarm or receiving notice of the alarm's activation. Sec. 34-27. - Undue hardship Variances. (a) Any person responsible for a noise or noise disturbance may apply to the Ttown Ccouncil for a variance or partial variance from the provisions of this article. The Ttown Ccouncil may grant such variance or partial variance if they find that: 5 (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this article from which variance is sought would produce serious hardship without producing equal or greater benefit to the public. (3) In determining whether to grant such variance, the Ttown Ccouncil shall consider the time of day the noise will occur, duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this article. In granting a variance or partial variance under this section, the Town Council may impose conditions on the person responsible for the noise or noise disturbance. (4) No variance or partial variance issued pursuant to this article shall be granted for a period to exceed one year, but any such variance or partial variance may be renewed for like periods if the Ttown Ccouncil shall find such renewal is justified after again applying the standards set forth in this article. No renewal shall be granted except upon application therefor. This Ordinance adopted on motion made by Council Member ____________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Noise Ordinance Research Noise Ordinance Start and End Times = Regional localities Locality Start Time End Time City of Salem 10:00 p.m. 8:00 a.m. Roanoke County 10:00 p.m. 7:00 a.m. City of Roanoke 10:00 p.m. 8:00 a.m. Town of Christiansburg 10:00 p.m. 7:00 a.m. Town of Blacksburg 10:00 p.m. 8:00 a.m. Botetourt County 9:00 p.m. (10:00 p.m.*) 7:00 a.m. City of Lynchburg 9:00 p.m. 7:00 a.m. City of Charlottesville 10:00 p.m. 6:00 a.m. City of Richmond 11:00 p.m. 7:00 a.m. City of Norfolk 10:00 p.m. 7:00 a.m. City of Fairfax 11:00 p.m. 7:00 a.m. * Bedford County variation for commercial sound equipment that produces music and other noise Meeting Date August 20, 2019 Department Finance/Treasurer Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Contract for Professional Legal Services between the Town of Vinton and the Roanoke County Commonwealth’s Attorney Summary On October 3, 2017, the Town of Vinton entered into a Contract for Professional Legal Services with the Roanoke County Commonwealth’s Attorney for a two-year period beginning July 1, 2017 and ending June 30, 2019. The Roanoke County Commonwealth’s Attorney submitted a renewal of said Contract to the Town for execution for a new two-year period beginning July 1, 2019 and ending June 30, 2021. During negotiations and discussions between Town Staff, the Finance Committee, the Roanoke County Commonwealth’s Attorney and the Town Attorney, a new Contract was agreed upon as set forth by the terms and conditions contained therein. Attachments Contract Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth’s Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth’s Attorney. In consideration of services described herein above, the Town hereby agrees to pay the Counsel $11,586 per annum ($965.50 per month) to be used as follows: 1. Each of the six attorneys listed in Attachment A will receive a pay supplement of $69.00 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of $1,931 each (including the employer portion of FICA tax at $5.27 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of $6,758.50 to the County of Roanoke, Finance Department, Attention Finance Director, PO Box 29800, Roanoke, VA 24018. This amount shall constitute full payment for Counsel services from July 1, 2019 through January 31, 2020. At least semi-annually, Counsel will provide a summary of cases handled by Counsel, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Director of Finance, in order to ensure the payroll change is made. A copy of this amendment will be mailed to the Town of Vinton, Attention Town Manager, 311 South Pollard Street, Vinton, VA 24179. 2 This contract is for a two year period only, commencing July 1, 2019 and ending on June 30, 2021; provided, however either party shall have the option to terminate this Agreement effective January 31, 2020 by providing thirty days’ written notice to the other party. If no party provides written notice to terminate this agreement effective January 31, 2020, then the Town should mail a check in the amount of $4,827.50 to the County of Roanoke, Finance Department, on or before February 1, 2020, which amount shall represent the balance due for the remainder of the 2019- 2020 fiscal year. Thereafter, the Town should mail a check in the amount of $11,586.00 to the County of Roanoke, Finance Department, on or before June 30, 2020, which amount shall represent the amount due for the 2020-2021 fiscal year. This contract may be renegotiated on a biennial basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property of the Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this _____day of ________________, 2019. 3 TOWN SIGNATURE: ____________________________ Title: Town Manager APPROVED AS TO FORM: ____________________________ Title: Town Attorney COUNSEL SIGNATURE: ____________________________ Title: Commonwealth’s Attorney ROANOKE COUNTY SIGNATURE: ______________________________ Title: Director of Finance 4 ATTACHMENT A The following attorneys will receive a supplement of $69.00 per pay period for work performed for the Town of Vinton, during their period of employment with the County of Roanoke, for the period of time beginning July 1, 2017 and ending June 30, 2020. Elizabeth Oates Aaron T. Lavinder Ashley E. Sweet William Braxton Nathaniel Griffith Camille Turner Harvey 5 AMENDMENT TO ATTACHMENT A Due to changes in personnel, the following individual will no longer receive a supplement of $69.00 per pay period, for providing services to the Town of Vinton: ___________________________________ ____________________________ Name of Attorney Effective date to stop supplement Due to changes in personnel, the following individual will begin to receive a supplement of $69.00 per pay period, for providing services to the Town of Vinton: ___________________________________ ____________________________ Name of Attorney Effective date to start supplement Submitted By: _________________________________ __________________ Commonwealth’s Attorney Date Approved By: _________________________________ __________________ Director of Finance Date RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, AUGUST 20, 2018, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 311 S. POLLARD STREET, VINTON, VIRGINIA. WHEREAS, on October 3, 2017, the Town of Vinton entered into a Contract for Professional Legal Services with the Roanoke County Commonwealth’s Attorney for a two-year period beginning July 1, 2017 and ending June 30, 2019; and WHEREAS, the Roanoke County Commonwealth’s Attorney submitted a renewal of said Contract to the Town for a new two-year period beginning July 1, 2019 and ending June 30, 2019; and WHEREAS, during negotiations and discussions between Town Staff, the Finance Committee, the Roanoke County Commonwealth’s Attorney and the Town Attorney, a new Contract was agreed upon as set forth by the terms and conditions contained therein; and WHEREAS, it is necessary that Vinton Town Council approve and authorize the Town Manager to enter into this new Contract with the Roanoke County Commonwealth’s Attorney. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Contract for Professional Legal Services is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Contract and any other necessary documents in furtherance of the same. 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 August 20, 2019 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on August 12, 2019 and the following items were discussed at the meeting: • Police Department Donation Resolution • Glade Creek Greenway Grant Update • Preliminary June 2019 Financial Statements o Community Programs Statistics o Utility Collection Statistics • Utility Rate Increase Calendar • Commonwealth Attorney • Trash Collection Attachments Preliminary June Financial Report Summary Recommendations No action required Town Council Agenda Summary Financial Report Summary June 29, 2019 Preliminary Revised Revenues 8,194,562 8,524,482 1,198,692 8,205,656 (318,827) 96% Accrued Revenue - - - Total Adj. Revenues 8,194,562 8,524,482 1,198,692 8,205,656 (318,827) 96% Expenditures 8,194,562 8,685,974 761,568 8,052,748 (633,226) 93% Revenues over/(under) Expenditures (161,491) 437,124 152,908 Revenues 33,903 726,028 13,771 87,812 (638,216) 12% Expenditures 33,903 726,028 21,001 128,408 (597,620) 18% Revenues over/(under) Expenditures - (7,230) (40,596) Revenues 3,720,200 3,720,200 541,143 3,811,011 90,811 102% Accrued Revenue - - - - Total Adj. Revenues 3,720,200 3,720,200 541,143 3,811,011 90,811 102% Expenditures 3,720,200 3,701,051 503,465 3,492,976 (208,075) 94% Operating Expenditures 3,720,200 3,701,051 503,465 3,492,976 (208,075) 94% Revenues over/(under) Expenditures 19,149 37,678 318,035 Revenues 409,764 409,765 34,147 409,785 20 100% Expenditures 409,764 403,229 25,689 321,808 (81,421) 80% Revenues over/(under) Expenditures 6,536 8,458 87,976 Revenues 12,358,429 13,380,475 1,787,753 12,514,263 (866,212) 94% Expenditures 12,358,429 13,516,282 1,311,722 11,995,940 (1,520,342) 89% Revenues over/(under) Expenditures (135,807) 476,031 518,323 Meeting Date August 20, 2019 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on July 17, 2019 and the following items were discussed at the meeting: • Right-of-Way Ordinance o Ordinance Review o Council Briefing Scheduling • Alley Abandonment Assessment • RVTV Refuse PSA Presentation Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date August 20, 2019 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (3) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property located in the Vinton downtown area for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (7) for consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the Town's negotiating or litigating posture. Summary None Attachments Certification of Closed Meeting Recommendations None Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 20, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by ___________________ and seconded by ___________________ with all in favor. ___________________________________ Clerk of Council