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HomeMy WebLinkAbout2/20/2018 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, February 20, 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: a. Council Strategic Planning Retreat of February 2, 2018 b. Regular Council Meeting of February 6, 2018 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Request for funding presentations: a. Vinton Area Chamber of Commerce b. Vinton Dogwood Festival 2. Police Department – Chief Tom Foster a. Report on the Department b. Officer of the Month for January 3. Vinton Volunteer First Aid Crew – Chief Wayne Guffey a. Report for January, 2018 b. Request for Funding for FY2018-2019 4. Vinton Volunteer Fire Department – Chief Richard Oakes a. Report for January 2018 b. Request for Funding for FY2018-2019 Bradley E. Grose, Mayor 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 H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY 1. Briefing on proposed amendment to certain sections of Chapter 10, “Animals” of the Vinton Town Code. J. BRIEFINGS – TOWN MANAGER 1. Update on real estate tax assessment for Calendar Year 2018 and request to advertise a public hearing for April 3, 2018 to set the real estate tax, personal property tax and machinery and tools tax rates – Anne Cantrell K. ITEMS REQUIRING ACTION – TOWN MANAGER 1. Consider adoption of a Resolution establishing a new Retiree Group Health Insurance Benefit Policy – Town Manager 2. Consider adoption of a Resolution dissolving the Highway Safety Commission and establishing a new Highway Safety Committee – Town Clerk 3. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to have outstanding tax accounts removed from the active records relating to parcels on South Pollard Street, Giles Avenue and Railroad Avenue in the Town of Vinton which was sold by Roanoke County at a tax sale.– Anne Cantrell 4. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to move appropriated funds from the General Fund to a newly established Grant Fund – Anne Cantrell L. TOWN MANAGER M. REPORTS FROM COUNCIL COMMITTEES 1. Public Works Committee N. MAYOR O. COUNCIL P. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: February 21, 2018 – 3:00 p.m. – Finance Committee Meeting – TOV Conference Room March 6, 2018 – 7:00 p.m. – Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the Meeting Date February 20, 2018 Department Town Clerk Issue Consider approval of the minutes: a. Council Strategic Planning Retreat of February 2, 2018 b. Regular Council Meeting of February 6, 2018 Summary None Attachments February 2, 2018 minutes February 6 2018 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A STRATEGIC PLANNING RETREAT OF VINTON TOWN COUNCIL HELD AT 8:30 A.M. ON FRIDAY, FEBRUARY 2, 2018, AT THE VINTON WAR MEMORIAL LOCATED AT 814 WASHINGTON AVENUE, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith Liles Sabrina McCarty Janet Scheid STAFF PRESENT: Barry Thompson, Town Manager Susan N. Johnson, Town Clerk Theresa Fontana, Town Attorney Pete Peters, Assistant Town Manager Joey Hiner, Public Works Director Anita McMillan, Planning & Zoning Director Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief The Mayor opened the meeting and then turned the meeting over to the Town Manager. The Town Manager commented on the items on the agenda and then turned the meeting over to Chief Foster for the first Session. Chief Foster gave a PowerPoint presentation on Council Chambers Safety and Security. A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. After the presentation, discussion was had on bringing firearms into the Municipal Building and the Town Attorney indicated she would research the matter and give an opinion back to Council. Chief Foster commented that there are grants available for infrastructure protection. Council gave their consensus to move forward with getting prices, researching for grants, prioritizing the suggested items and then making a report back to them. Chief Foster next made brief comments regarding Protests, Demonstrations, and Assemblies and showed several slides referencing State Code. He also commented that a Byrne/Justice Assistance Grant has been awarded to create a Regional Field Force Team with Roanoke County, Salem, Virginia Western Community College and Roanoke College Police Departments to prepare for violent/non-violent demonstrations that may arise in the Roanoke Valley. The Mayor asked if we currently issue parade permits. Chief Foster responded that we do not, but we could enforce the laws in the State Code previously mentioned. He and the Town Manager will be attending a training this month sponsored by VML on demonstrations, protests and crowd control. The Town Attorney indicated she would also be attending and she, the Police Chief and Town Manager would be in a better position to make recommendations to Council after this training. The next Session on the agenda was Council Protocol/Council Committees Procedures. The Town Attorney gave a PowerPoint presentation on Council Procedures & FOIA Refresher. A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. 2 The Town Manager made comments regarding the use of the Consent Agenda for items needing Council action other than minutes. After discussion, Council requested that a list be created of items recommended by staff to be handled by Consent Agenda and presented to Council for their approval. After a short break, the next Session on the agenda was Stormwater Funding. A PowerPoint presentation was given by Andrew Kassoff of EEE Consulting in Blacksburg. A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. After a break for lunch, the next Session on the agenda was a Closed Session regarding the Gainsharing Agreement. Vice Mayor Hare made a motion to convene in Closed Meeting pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as amended, for discussion of contract negotiations with Roanoke County; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Council went into Closed Session at 12:55 p.m. At 3:06 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Vice Mayor Hare; 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. Council Member Scheid commented on the need to move forward with the Stormwater funding and staff was requested to develop a timeline and procedures to establish a Stormwater Advisory Committee and make a report back to Council. The next Council Strategic Planning Retreat was scheduled for Friday, October 19, 2018 with the location to be announced. After closing comments, the retreat was adjourned at 3:19 p.m. APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, FEBRUARY 6, 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 Susan Waddell, Town Attorney Pete Peters, Assistant Town Manager, Director of Economic Development Anne Cantrell, Treasurer/Finance Director Tom Foster, Police Chief Joey Hiner, Public Works Director William Herndon, Assistant Public Works Director Donna Collins, Human Resources Director Chasity Barbour, War Memorial Facilities Manager 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 McCarty, Council Member Scheid and Mayor Grose present. Vice Mayor Hare was absent for the roll call. Vice Mayor Hare arrived at the meeting at 7:02 p.m. Roll call After a Moment of Silence, the Town Manager 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 Expo- Memorial; February 14 – 11:30 am–Vinton Love Works Sculpture Unveiling– 19 – 10:00 am to 2:00 pm–Work Day- Museum and a Yard Sale s Debbie Adams announced this is the last weekend for the Gin Game at the Star City Playhouse. Council Member Scheid asked for a clarification of the last sentence of the second paragraph on Page 6 of the minutes After discussion, the Town Attorney suggested that the motion to approve the Consent Agenda as amended; the motion was seconded by Council Member Liles 2 voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Approved minutes of the Regular Council meeting of January 16, 2018, as amended The next item on the agenda was a briefing on the proposed amendment Insurance Benefit Policy. Donna Collins commented on the proposed Resolution retiring from Town service in good standing with 20 years of service to the Town and meets the Virginia Retirement System (VRS) requirements would be until they are eligible for Medica The previous Resolution required the employee to have at least 25 years of Town service and be at least age 55. The requirements under VRS for Public Safety personnel are at least age 50 with at least 25 years of service credit in a hazardous duty position. The recommended change in the Policy eligibility balanced among all employees. under the new Policy. The next item on the agenda was a briefing on projected revenues for proposed FY2018-2019 budget. Anne Cantrell first commented that this will be a high- level review with a more detailed review by the Finance Committee Town. She then reviewed the Power Point 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.) The next item on the agenda was to consider Treasurer/Finance Director Personal Property delinquent taxes and Vehicle License permanent file. amount to write for Personal Property is $5,217.79 and for Vehicle License Fees is $11,826.04. The collection rate for 2012 was 98% for the Personal P 93% for the Vehicle License Fees. reported to the State Debt Set-Off Program and they are also in the process of using the DMV Stop Program to place stops so individuals will not be able to renew their driver’s licenses or vehicle tags until they paid their bill. The Town Manager commented that Roanoke County benefited from the Program because some individuals 3 There was a problem with the Town moving forward in the past because of the MUNIS System, but been corrected. Vice Mayor Hare made a motion to adopt the Resolution as presented; Member Scheid and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Resolution allowing the Town Treasurer/ from the act permanent file The next item on the agenda was to consider Treasurer/Finance Director to remove outstanding Water active records to a permanent file. commented that the amount to write for Sewer is $ been sent to the Debt Set-Off Program. these would also be el The collection rate was 99.70%. Resolution as presented; the motion was seconded by Council Member McCarty 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 allowing the Town Treasurer/ permanent file The next item on the agenda was to consider Intradepartmental and Interdepartmental Transfer Policy this Policy at their January 16th Finance Committee is recommending that Council adopt the Resolution approving the new Policy. Ms. Cantrell next read the Policy. After additional comments, 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 establishing a new Intra- departmental and Interdepartmental Transfer Policy The next item on the agenda was to consider Public Works budget request is to appropriate the funds into the Public Works account for Building Maintenance and Repairs. The total amount was made up of four checks received from D. H. Griffin. Council Member McCarty made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Scheid Adopted Resolution 4 Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. to the Public Works budget The next item on the agenda was to consider Members of Boards/Commissions/Committees during a Safety Commission that an attendance established for Committees. Staff has also recommended that a policy be esta members of certain Boards/ Commissions/Committees to complete Conflict of Interests Statements by a specific deadline each year. Policy. Resolution as presented; the motion was seconded by Vice Mayor Hare and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Resolution establishing a Policy on Attendance and Conflict of Interests Statements for Members of Boards/ Commissions/Committees The Town Manager commented that needed to update Council on three items. The first item relates to a roof leak at the Health Department building. He then update. Ms. Collins commented that on January 29th, damage. One wall and carpet had to be replaced in one of the office areas. The tile under the carpet had claim was filed with VML Facility Manager Bo Herndon at the site last Thursday to inspect the damage. and the inside repairs should be completed by the end approximately $7,500 with being the $2,500 deductible. question, Mr. Herndon commented the roof was put on in 2001-2002 and some repairs were From his understanding the roof is a 30-year roof. After further discussion, Mr. Herndon commented that estimate of the life of the roof. in Foundation, Mr. Herndon com switch a finance class that meets on Thursdays to the was no interruption to the day-to-day operations. 5 The Town Manager commented that the next item relates to the re- first commented that w Planning & Zoning with the Planner/Code Enforcement Officer resigning effective December 31st, staff re- services that we provide to the citizens. Working with Planning & Zoning determined that re- possible and would be an advantage to the Town. No new positions were created, but code enforcement and Community Resour provide succession planning in the Planning & Zoning upcoming UDA Grants. Next, Planning & Zoning and the Police Department met with Finance and the Town Manager to make sure we were all in agreement before we moved forward in round of police officer candidates and is scheduled to go through the Academy starting the end of June. She aspects of her position from Anita McMillan. Co this position was not going to be a sworn officer. Ms. conversation that if it was decided to make it a sworn position that was fine. The Town Manager commented that position. Chief Foster made comments and indicated that if it is that it not be a sworn position, that is the direction they will go. At some point down the road if we would like to have the position sworn, we certainly would always both of these job functions in a non-sworn capacity as commented that one of the benefits of it being a sworn position is flexibility to be able to fill in for vacation or if 6 Council Member Scheid next commented that she does not have a strong feeling one way or the other, but it was stated in the meeting and Mr. Thompson stated it was his desire that it be a civil position. Officer is going to wear a uniform and have a gun, they should be a fully- different from a police officer so it is clear to the citizen that is being app that it is a civilian employee. Council Member Liles commented that if this individual was sworn, they would have other opportunities within the department and could fill in when needed. He did because of our membership in the Regional Academy, However, there is the cost for the salary, etc. Council making the decision on the position. The Town Manager next commented that we received notification from the DHCD that we were the recipients of the next round of the 2017 CDBG $3,000 for pre-planning grant activity. The Downtown Management Team met twice and conducted conditions within the three adjacent neighborhoods to downtown. The application was submitted on January 12th $15,000.. The next component will consist of another meeting and more details about the specific areas that we would like to concentrate on. From that point we another grant through DHCD with potential to actually get implementation and construction funds. In there is no definitive timeline for this next phase. salaries. These were under- Manager is working on making some adjustments to fill the gap. He also commented on revenues being flat year-over-year which will make for a challenge in 7 Council Member McCarty reported from the Public Works Committee meeting from February 6th. The purpose of the meeting was to discuss curbside refuse collection and switching semi-automated collection. With regard to the semi- automatic refuse truck, the chassis, cab, driveline unit, compactor body and tippe selected. The issued this week and delivery of the completed truck is to be approximately four months. Staff is working with Roanoke City to secure a loaner refuse truck on an as- needed basis, depending upon availability and a draft agreement is being reviewed by our Town Attorney. Staff has been in contact provide 96 gallon containers to include a 12- year delivery to citizens at a cost of $51.42 per can for a total approximate cost of $170,000 for 3,300 service points. With regard to the Ordinance ordinances of other localities operations. Points to be considered in the Ordinance will be the number of cans per stop, businesses, multi-unit buildings, apartments, churches and the downtown area, the p for collection and when not in use and the enforcement. The with the refuse crew on February 13th to get their input on implementing the new collection process and items that need to be included in the Ordinance. There was further discussion regarding the availability of different size cans and a timeframe for the delivery of the cans. The Mayor commented on the success of the Council and the Downtown Management Team meeting. Comments from Council: Vice Mayor Hare commented on the success of the Retreat from FEMA since our last appeal, but see where we stand with that. Council Member Scheid 8 cell communications. The legislation proposed would not require any public or local government input as long as they have the property owner’s permission to put up the antenna. Council Member McCarty commented on the success of the Retreat and expressed thanks for the presentation by our Town Attorney. Chief Foster recognized Roy Lyon who was present at expressed thanks to him for the catered meal provided Day. Mayor Hare for his service on the Greenway Commission. She then resignation of Vice Mayor Hare to the unexpired term ending June 30, 2019 Vice Mayor Hare and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. made brief comments. Appointed Rob Lyon to the Roanoke resignation of Vice Mayor Hare to the unexpired term ending June 30, 2019 Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Hare, Grose; Nays (0) – None. The meeting was adjourned at 8:26 p.m. APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date February 20, 2018 Department Administration Issue Request for funding presentations: a. Vinton Area Chamber of Commerce b. Vinton Dogwood Festival Summary Representatives from the Community Agencies will be present to give a 10 minute presentation to support their request for funding in the FY2018 budget. Attachments FY2019 Request for Funding Applications Recommendations No action required Town Council Agenda Summary FY 2018 REQUEST FOR FUNDING APPLICATION VI1NTON '\' I A G I N I ,\ Instructions 1. Please type or print. 2. Answer each question within the space provided. Please do not include additional attachments or supplementary pages unless they are essential to our understanding of your organization. 3. Attach organization's most recent audit. May be submitted later if not currently available. 4. Sign, date and send the completed application to: Applicant Information fflMP.1\mllij (Circle One) Susan N. Johnson, Town Clerk 311 South Pollard Street Vinton, VA 24179 Public Other Name of Organization &Tax ID or EIN number Vinton Area Chamber of·Commerce 540-343-1364 Address 116 S. Poplar Street, Suite 1-A City I State VA Vinton CONTACT PERSON Name Angie Chewning Private Association I Zip 24179 Title Executive Director I Phone 540/343-1364 ORGANIZATION INFORMATION Describe your organization's mission: To promote economic development that will benefit the people of the Vinton & surrounding areas. This includes attracting new Businesses, holding events to attract Roanoke Valley citizens to town, lead & coordinate educational training and expand Networking opportunities .. How many people are served by your organization? 244 businesses How many Vinton Residents are served by your organization? All Vinton and surrounding areas. To include but not limited to Roanoke, Bedford & Botetourt county residents Geographic area served by your organization: I Year the organization was established: Vinton and surrounding area 1951 SERVICES PROVIDED Describe the service your organization provided to Town of Vinton citizens: *4-6 Membership meetings/networking events * Senior Expo, March 27 *Wine Festival, May 19 *Fall Festival, October 13 *Mingle At the Market, June 9 through November 10 * Golf Tournament -August 25 *Halloween Trick or Treating, October 31 *State of the Town *Christmas Parade, December 6 We also strive to effectively communicate to businesses and residents of the Town of Vinton & Roanoke County missions and initiatives. FUNDING List all funding received and requested from surrounding jurisdictions: (List the Town of Vinton first) Jurisdiction Received FY 2018 Requesting FY 2019 TOWN OF VINTON $9,000.00 $20,000.00 Roanoke County $3,200.00 $12,000.00 IMPACT STATEMENT Describe your organization's mission: To promote economic development that will benefit the people of the Vinton area. We are here to attract new businesses while serving as a quality resource to current business owners and residents. We also provide over 16+ events that spotlight local business both established and up and coming. With our request we would utilize SK towards further marketing and branding collaborative events that the Town of Vinton and Chamber have a partnership on. We would use another 1-3K on putting on workshops and bringing in speakers to talk to local business owners and residents. With our workshops we would hope to utilize a town owned facility to be the venue to provide additional brand awareness to it. We would also utilize 2-3K to put on business after hour or before hours. We would also utilize some funding to further our Lunch & Learns and spread more awareness both with Print Marketing & Digital Marketing. Another lK would like to be used to on our Annual Membership meeting to market it out to more members and local businesses. This event generally has great dignitaries and serves a great networking event. We would use another 6K to put towards banners and printed marketing for events. A lot of the posters and printed materials are done in house at the chamber in an effort to utilize funds the best way properly. With that figure we would also use it to help create and distribute our popular Vinton Food Menu guides. This is a great resource it provides businesses a one stop guide for spending their local eatery funds In Vinton. Lastly we would use the remaining funds to cover our labor and insurance cost. As our events grow and the Town grows the cost of insurance and putting on the events continue to grow. With a lot of the work being done in house at the chamber office we want to make sure we have funding to always have an employee at our chamber office to greet and provide the highest level of service to every individual that stops through the door. Thank you for your time and always being a great partner with us. 1/10/2018 Signature Date 2018 Calendar of Events January 4 Lunch & Learn, Noon Chamber Office January 11 Executive Board, 5:30 pm Chamber Office March 1 Lunch n' Learn, 12:15 pm Chamber Office March 15 Executive Board, 5:30 pm Chamber Office March27 Senior Expo, 10 am - 2 pm Vinton War Memorial May 10 Executive Board, 5:30 pm Chamber Office May 19 Grapes & Grain Festival, 1-6 pm Vinton War Memorial (Wine & Food) June 9 Mingle At Market, 7-10 pm Farmer's Market July 12 Executive Board, 5 :30 pm Chamber Office July 14 Mingle At Market, 7-10 pm Farmer's Market August 11 Mingle At Market, 7-10 pm Farmer's Market August25? Golf Tournament Blue Hills September 8 Mingle At Market, 7-10 pm Farmer's Market September 13 Executive Board, 5:30 pm Chamber Office October 13 Vinton Fall Festival/SK Downtown Vinton October 31 Trick or Treat, 3:30-5:30 pm Downtown Vinton November 10 Mingle At Market, 7-10 pm Farmer's Market November 8 Executive Board, 5:30 pm Chamber Office November 15 State of Town Breakfast, 8 am Vinton War Memorial December6 Christmas Parade, 7 pm Downtown Vinton December 13 Christmas Open House, 5-7 pm Chamber Office ViNTON \ I .R (j I ' I \ Instructions 1.Please type or print. 2.Answer each question nclude additional attachments or supplementary pages unless they are essential to our understanding of your organization. 3.Attach organization's most recent audit. If an audited statement is not available, a copy of the most recent tax return filed for the organization should be submitted. 4.Sign, date and send the completed application to: Susan N. Johnson, Town Clerk 311 South Pollard Street Vinton, VA 24179 Applicant Information Non-Profit Public Other Private Association (Circle One) Name of Organization & Tax ID or EIN number Vinton Dogwood Festival EIN#54-6054236 Address P.O. Box 384City I State I Zip Vinton Virginia 24179 CONT ACT PERSON Name Connie Houff or Marv Beth Layman Title President and Town Staff Support I Phone 983-0614 and 983-0613 ORGANIZATION INFORMATION Describe your organization's mission: The Vinton Dogwood Festival, now in its 63'd year, is the pre-eminent annual event for the Town of Vinton and Roanoke Valley. As a non-profit, community-focused organization, the Vinton Dogwood Festival provides free family entertainment and civic pride for the Vinton community. Since the inception in 1955, the Vinton DogwoodFestival has grown into a five-day event that celebrates the wonderful quality oflife in the Blue Ridge Region. Furthermore, the festival enhances and promotes local businesses in Vinton and Roanoke County and artisans andvendors from the region and beyond. How many people are served by your organization? 25,000 How many Vinton Residents are served by your organization? 8231 Geographic area served by your organization: I Year the organization was established: Vinton, Roanoke County, Virginia's Blue Ridge Region 1955 SERVICES PROVIDED Describe the service your organization provided to Town of Vinton citizens: (Detailed Project or Event Description -Tell us about what you want to do and when (include dates, names of co-sponsors, etc) From April 24-April 28, 2019, the Vinton Dogwood Festival will conduct a five-day festival that provides citizens a family friendly atmosphere that includes an annual parade, carnival, three entertainment stages, festival food vendors, craft show, business showcase, free children's activity area, antique car show, history museum open house and more. The festival's signature event -the Vinton Dogwood Festival Parade -aims to attract 75 entries this year. Participants come from the Town of Vinton, the Roanoke Valley, and surrounding communities. As always, the all-volunteer Dogwood Festival Committee is hard at work recruiting sponsors, crafters, retail vendors, food vendors, entertainment, parade entries and volunteers. FUNDING List all funding received and requested from surrounding jurisdictions: (List the Town of Vinton first) Jurisdiction (i.e. other towns, cities, counties, companies, etc) Received FY 2018 Requesting FY 2019 TOWN OF VINTON 2,510. County of Roanoke 0 IMP ACT STATEMENT Describe in detail the positive and negative impacts to the community in the following areas: I. Fiscal/Economic Impact 2.Environmental Impact 3. Quality of Life Impact 2,500. 2,000. I.Because the festival draws more than 25,000 people to the area it serves as a boon to local businessesincluding restaurants, gas stations, convenience stores and niche shops. 2.The Carnival has an environmental impact that requires the services of Public Works in providing waterand refuse removal. The carnival personnel are respectful of the property they occupy for 7 days every year. In addition, the Town of Vinton provides the support of the Vinton Police Department and the Vinton rescue Squad. 2 Meeting Date February 20, 2018 Department Police Issue 1. Police Department a. Report on the Department b. Officer of the Month for January Summary Chief Foster will give a report on the efforts of his Department. Chief Foster will also read his Memo and recognize Officer Kristopher Moore as Officer of the Month for January Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date February 20, 2018 Department Vinton Volunteer First Aid Crew Issue a. Report for January 2018 b. Request for Funding for FY2018-2019 Summary Chief Wayne Guffey will be present to give this report to Council. Attachments January 2018 Report Power Point-Request for Funding Recommendations No action required Town Council Agenda Summary Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 Office of the Chief WGuffey@vintonems.com February Council Report  Volunteer Truck hours was 468 of 468 possible hours for 100 %  We had a unit in service 100% of the volunteer time  227 calls o 98 career hour calls Monday thru Friday 0600-1800 o 129 Volunteer hours calls Night, weekend.  Medic truck marked up 95% and a BLS Unit 5%  Responded to 105 out of 129 calls doing volunteer hours 81%  Handled 100 out of 129 calls doing volunteer hours 78% o Out of the 29 calls career handled o 10 were 2nd emergency calls o 3 were self-dispatched  Fractile Response time was 9.56  1815 man hours for the month of January  Total of 136 transports o Career 80 o Volunteer 56  53 new members as of now o 28 EMTS o 1 advanced EMT o 13 Medics o 10 In Training o 1 Driver Only Wayne Guffey Chief Vinton First Aid Crew Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hours Up 468 Hours Possible 468 Percentage 100 2nd Truck 56 46 8 46 8 10 0 56 0 50 100 150 200 250 300 350 400 450 500 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hours Up Hours Possible Percentage 2nd Truck Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Volunteer unit in service 100 100.0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Volunteer unit in service 100 100 0 20 40 60 80 100 120 Ax i s T i t l e Percentage of Unit in Service 1-17 2-17 3-17 4-17 5-17 6-17 7-17 8-17 9-17 10-17 11-17 12-17 TOTAL 227 0 0 0 0 0 0 0 0 0 0 222 227 DAYLIGHT CALLS 06-18 98 98 VOLUNTEER 18-06 129 129 98 12 9 0 20 40 60 80 100 120 140 1-17 2-17 3-17 4-17 5-17 6-17 7-17 8-17 9-17 10-17 11-17 12-17 DAYLIGHT CALLS 06-18 VOLUNTEER 18-06 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ALS 95 BLS 5 95 5 0 10 20 30 40 50 60 70 80 90 100 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ALS BLS ALS/BLS percentage of truck mark up-ALS is perfereed Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Calls Dispatched 129 129 Calls Responded 105 105 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Calls Dispatched 129 Calls Responded 105 129 105 0 20 40 60 80 100 120 140 Ax i s T i t l e Calls Dispatched that the crew responded too Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Calls Dispatched 129 129 Calls Handled 100 100 12 9 0 0 0 0 0 0 0 0 0 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 20 40 60 80 100 120 140 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Calls Dispatched Calls Handled Calls that were disptached that the volunteer crew handled Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fractile Response 9.56 9.56 9.56 0 2 4 6 8 10 12 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fractile Response Goal is under 12 minutes Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Man Hours 1815 1815 1815 0 200 400 600 800 1000 1200 1400 1600 1800 2000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Man Hours Man Hours Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Career 86 86 Volunteer 50 50 Total 136 0 0 0 0 0 0 0 0 0 0 0 136 86 50 136 0 0 0 0 0 0 0 0 0 0 0 0 20 40 60 80 100 120 140 160 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Transports Career Volunteer Total FY 2019 REQUEST FOR FUNDING APPLICATION VINTON VIRGINIA Instructions 1. Please type or print. 2. Answer each question within the space provided. Please do not include additional attachments or supplementary pages unless they are essential to our understanding of your organization. 3. Attach organization's most recent audit. If an audited statement is not available, a copy of the most recent tax return filed for the organization should be submitted. 4. · Sign, date and send the completed application to: Susan N. Johnson, Town Clerk 311 South Pollard Street Vinton, VA 24179 Applicant Information Non-Profit Public Other Private Association (Circle One) Name of Organization & Tax ID or EIN number Address 110 W Jackson Ave City Vinton CONTACT PERSON Name Wayne Guffey Title Chief ORGANIZATION INFORMATION Describe your organization's mission: State VA I Phone Zip 24179 540-525-1996 Provide Emeraencv Pre-Hosoital Care to the citizens of the Town of Vinton and Roanoke County How many people are served by your organization? How many Vinton Residents are served by your organization? 100 % Geographic area served by your organization: I Year the organization was established: 1939 Town Of Vinton and East Roanoke County 1 SERVICES PROVIDED Describe the service your organization provided to Town of Vinton citizens: (Detailed Project or Event Description -Tell us about what you want to do and when (include dates, names of co-sponsors, etc) The Vinton First Aid Crew provides Emergency Pre-Hospital care as well as public service EMS standby assistance for large public, municipal events private events FUNDING List all funding received and requested from surrounding jurisdictions: (List the Town of Vinton first) Jurisdiction (i.e. other towns, cities, counties, companies, etc) Received FY 2018 Requesting FY 2019 TOWN OF VINTON s;17 nnn 4~0.000 Roanoke County $5,100 $5,100 Virgniia 4 for Life $2.440 $2,440 IMPACT STATEMENT Describe in detail the positive and negative impacts to the community in the following areas: 1. Fiscal/Economic Impact 2. Environmental Impact 3. Quality of Life Impact Emeroencv Medical services has a profound impact on the our citizens. The Vinton First Aid Crew responded to over 1400 calls for calendar year 2017 and our volunteers donated over 20,000 man hours. 01/06/2018 Date 2 2018-2019 Funding Request 2018-2019 Funding Request Items Cost Replace Monitor $9,000.00 McGrath $2,000.00 Supplies $2,000.00 Training $5,000.00 Uniforms $2,000.00 Total $20,000.00 Current Heart Monitor •Purchased in 2008 with state grant. •Has old technology Replacement Heart Monitor Lifepack 15 or Zoll X Series Has the newest technology including CO2 monitoring Lifepack 15 is what the county has gone too Zoll is what RMH has which means we can get supplies there instead of having to pay Replacement Plan Apply for RSAF( Rescue Squad Assistance Fund) Estimated price of Monitor and accessories is $40,000 2 ways to apply 50/50- State pays $20,000 and Crew pays $20,000 80/20- State Pays $32,000 and Crew pays $8,800 Crew Desire is to apply for 80/20 grant McGrath Laryngoscope With the change of Medical Protocols each agency’s OMD will have the choice of letting his people intubate. Our OMD is going to let us continue to intubate which is a skill to obtain and maintain an airway when a patient is not breathing. In order to make this a easier and faster skill our OMD and I have decided that we should have a McGrath Laryngoscope to assist in obtaining an airway. This equipment has a camera on it which allows us to see the vocal cords and pass the breathing tube quickly so an airway can be obtained Estimated Price $2,000 Medical /Equipment Supplies The every day cost of medical supplies gets more expensive each year. No everything that we use is replaceable at the hospital Examples: The pads we use to shock someone's hear are $55 dollars each for example. Stocking a first aid kid is upwards to $500 each Medical /Equipment Supplies The every day cost of medical supplies gets more expensive each year. No everything that we use is replaceable at the hospital Examples: The pads we use to shock someone's hear are $55 dollars each for example. Stocking a first aid kid is upwards to $500 each. Training The more members we get the more training is required. We send members to EMS symposium and VAVRS Conference each year. Price for classes and travel are included. Ex- For EMS Symposium per member it is $185.00 just to register. Add Travel, Hotel and per diem it is about $900-1000 per member. Uniforms The crew strives to act and look professional at all times.  To achieve this we clothe our members with: T Shirts Sweatshirts Duty Pants Winter Coat Membership End of year Member totals 2015-39 2016-40 2017-47 2018-53 as of 02/08/18- and we have 6 in application process We Thank You For Your Support !!!! Meeting Date February 20, 2018 Department Vinton Volunteer Fire Department Issue a. Report for January 2018 b. Request for Funding for FY2018-2018 Summary Chief Richard Oakes will be present to give this report to Council. Attachments January 2018 Report Funding Request Recommendations No action required Town Council Agenda Summary January 2018 Vinton Vol. Fire Staffing 1-2-18 - 12 man hours 1-6-18 - 12 man hours 1-9-18 - 10 man hours 1-13-18 - 12 man hours 1-14-18 - 14 man hours 1-15-18 - 36 man hours 1-22-18 - 40 man hours 1-27-18 - 12 man hours 1-30-18 - 34 man hours 1-31-18 - 4 man hours Total Man Hours - 186 Total Calls Run by Volunteers - 1 Top 3 Man Hours for January 2018 Richard Oakes - 47 Man Hours Preston Gonzalez - 45 Man Hours Josh Parker - 35 Man Hours Calls Dispatched to Vinton Fire Department for January 2018 - 61 Calls dispatched during Volunteer Hours - 40 Calls dispatched during Career Hours - 21 Meeting Date February 20, 2018 Department Town Attorney Issue Briefing on proposed amendment to certain sections of Chapter 10, “Animals” of the Vinton Town Code. Summary The Town Attorney will review with Council the proposed amendment to the Vinton Town Code. Attachments Proposed Ordinance Recommendations No action required Town Council Agenda Summary {00245600.DOC } 1 DRAFT ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, , 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. {00245600.DOC } 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. {00245600.DOC } 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. {00245600.DOC } 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 {00245600.DOC } 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; {00245600.DOC } 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. {00245600.DOC } 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 authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding. {00245600.DOC } 8 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) accumulative 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. (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 misdemeanorcivil violation subject to a fine of $150.00. An animal control officer or {00245600.DOC } 9 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 of permitting a nuisance to exist as defined by section 10-2 shall be guilty of: 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. * * * {00245600.DOC } 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 {00245600.DOC } 11 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. 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. {00245600.DOC } 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 $25.00 for an initial pickup of such stray or other animal; a fee of $35.00 for a second pickup of the same animal within 12 months of the initial pickup; or a fee of $50.00 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. {00245600.DOC } 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, {00245600.DOC } 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 {00245600.DOC } 15 of the Code of Virginia. The commonwealth shall be required to prove its case beyond a reasonable doubt. 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: {00245600.DOC } 16 (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 (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; {00245600.DOC } 17 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; 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. * * * {00245600.DOC } 18 This ordinance shall take effect on , 2018. 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, Town Clerk Meeting Date February 20, 2018 Department Finance/Treasurer Issue Update on real estate tax assessment for Calendar Year 2018 and request to advertise a public hearing for April 3, 2018 to set the real estate tax, personal property tax and machinery and tools tax rates. 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, requires 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 will be placed in the Vinton Messenger for a public hearing at the April 3, 2018 Council Meeting in order to set the tax rates. Attachments None Recommendations Authorize the advertisement for Public Hearing on April 3, 2018 Town Council Agenda Summary Meeting Date February 20, 2018 Department Administration Issue Consider adoption of a Resolution establishing a new Retiree Group Health Insurance Benefit Policy Summary Council was briefed on the proposed Policy at the February 6th meeting. The Finance Committee has also reviewed the Policy and recommends adoption of the Resolution establishing the Retiree Group Health Insurance Benefit Policy for employees that are retiring from Town service and are in good standing, provided twenty years of service to the Town, and meet all Virginia Retirement System (VRS) requirements for service retirement. 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, FEBRUARY 20, 2018, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Finance Committee of the Vinton Town Council reviewed the current Resolution No. 1504, adopted on January 6, 2004, regarding group health insurance benefits to employees retiring from Town service; and WHEREAS, the Finance Committee recommends that all employees retiring from Town service who are in good standing, have at least twenty (20) years of Town service and meet all Virginia Retirement System (VRS) requirements for service retirement be eligible for the benefit of a flat $200 per month to be paid towards the employee’s Town group health insurance premium until they are eligible for Medicaid and/or Medicare; and WHEREAS, the Vinton Town Council was briefed on the proposed change to said Policy at its meeting on February 6, 2018; and WHEREAS, it is the intent of Council that this new Retiree Group Health Insurance Benefit Policy supersede and replace any previous version of this Policy. NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the Retiree Group Health Insurance Benefit Policy to become effective immediately and said Policy supersedes and replaces any previous version. 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 February 20, 2018 Department Town Clerk Issue Consider adoption of a Resolution dissolving the Highway Safety Commission and establishing a new Highway Safety Committee Summary Council was briefed at their October 3, 2017 meeting on the history and current structure of the Highway Safety Commission. At that meeting and based on research done by the Town Clerk with the assistance of the Roanoke Valley-Alleghany Regional Commission, staff recommended that Council dissolve the current Highway Safety Commission and establish a new advisory committee to be named the Highway Safety Committee. The Town Clerk has received three applications for the new Committee and has placed information on the Town’s website, social media and RVTV to solicit additional interested citizens. Council will be asked to appoint all interested individuals to the new Committee in March. 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, FEBRUARY 20, 2018 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Highway Safety Act of 1966 mandated that each county and city within the State have a local Highway Safety Commission to prepare and submit a program for highway safety for the Governor’s approval for purpose of determining the eligibility to participate in funds and grants available under the Act and such State funds as may be available; and WHEREAS, in 1974, Vinton Town Council established a Highway Safety Commission to meet the requirements of said Highway Safety Act; and WHEREAS, in recent years, legislation has changed and an active Highway Safety Commission is no longer required for a locality to receive transportation safety grant funds which are now administered by the Virginia Highway Office (VAHSO); and WHEREAS, Council desires to replace the current Highway Safety Commission with a simplified committee structured as an advisory committee. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby dissolves the Highway Safety Commission and establishes a new standing committee of Council as follows: 1. The committee shall be named the Highway Safety Committee 2. The Committee will consist of at least five (5) regular members who must be property owners in the Town of Vinton and will serve three (3) year terms. 3. The Committee is charged with reviewing safety matters that are submitted to them either by citizens or by Town staff relating to intersections, traffic signs, speed limits, and other matters relating to street safety and makes recommendations to Town staff and Council. 4. The Committee will meet on an as needed or requested basis. 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 February 20, 2018 Department Finance/Treasurer Issue Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to have outstanding tax accounts removed from the active records relating to parcels on South Pollard Street, Giles Avenue and Railroad Avenue in the Town of Vinton which was sold by Roanoke County at a tax sale. Summary The County of Roanoke executed a tax sale of certain properties in the County and Town in October 2017 at which time the sale of parcels 060.19-04-04.00-0000, located on South Pollard Street; 060.19-05-39.00-0000 located on Giles Avenue and 060.14-02-07.00-0000 located on Railroad Avenue did not deliver enough return to pay the outstanding balances to the Town. The new property owner was given clear title, as required. Parcel 060.19-04-04.00-0000 has an outstanding balance of $9,865.89 including liens, taxes, penalty, and interest. Parcel 060.19-05- 39.00-0000 has an outstanding balance of $86.64 including liens, taxes, penalty, and interest. Parcel 060-14-02-07.00-0000 has no outstanding balance. The Finance Director is requesting to remove these outstanding tax accounts from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. 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, FEBRUARY 20, 2018 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton maintains records of outstanding Real Estate delinquent taxes for twenty years; and WHEREAS, the County of Roanoke executed a tax sale of parcels 060.19-04-04.00-0000, 060.19-05-39.0000, and 060.14-02-07.00-000 in the County and Town in October 2017; and WHEREAS, the tax sale of parcels did not deliver enough return to pay the outstanding balances to the Town; and WHEREAS, the parcel 060.19-04-04.00-0000, located at 830 S. Pollard Street had a remaining balance of $9,865.89 including liens, taxes, penalty and interest; and WHEREAS, the parcel 060.19-05-39.00-0000, located at 0 Giles Avenue had a remaining balance of $86.64 including taxes, penalty and interest; and WHEREAS, the parcel 060.14-02-07.00-0000, located at 0 Railroad Avenue had no remaining balance; and WHEREAS, the new property owner was given clear title; and WHEREAS, the Finance Department has made all efforts to collect these balances. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the Town Treasurer/Finance Director to have the outstanding tax accounts removed from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. Council also directs that the lien be released from the property. 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 February 20, 2018 Department Finance/Treasurer Issue Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to move appropriated funds from the General Fund to a newly established Grant Fund. Summary Through discussion with the Finance Committee, staff is proposing a transfer of funds from the General Fund to a new Grant Fund. The recommendation will remove the budget and actual costs associated with grant funding to a separate account for accounting purposes. This recommendation follows an increase in grant funding over the past few fiscal years and anticipated grant funding in future budgets. 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, FEBRUARY 20, 2018 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Finance Committee would like to establish a separate Grant Fund from the General Fund for accounting purposes; and WHEREAS, there is currently budget appropriated in the General Fund that needs to be moved to the newly established Grant Fund; and WHEREAS, Council needs to approve the budget transfers to allow the Town Treasurer/Finance Director to make the necessary entries. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers as shown on the attached FY2017-2018 Grant Fund Transfers. This Resolution 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 1 FY2017-2018 Grant Fund Transfers TO Revenue Expenditure 2 FY2017-2018 Grant Fund Transfers FROM Expenditure Revenue Meeting Date February 20, 2018 Department Public Works Issue Reports from Council Committees: 1. Public Works Committee Summary The Public Works Committee met on February 13th and will make a report to Council. Attachments None Recommendations No action required Town Council Agenda Summary