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HomeMy WebLinkAbout1/15/2019 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 15, 2019 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM • VINTON TOWN COUNCIL • VINTON PLANNING COMMISSION 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 minutes of the Regular Council meeting of December 18, 2018. G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Police Department Officer of the Quarter/Quarterly Report – Chief Tom Foster 2. Vinton First Aid Crew Quarterly Report – Chief Wayne Guffey H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. JOINT PUBLIC HEARING WITH VINTON PLANNING COMMISSION 1. Consideration of public comments regarding an amendment to the Town of Vinton 2004 – 2024 Comprehensive Plan, as amended, to adopt and incorporate by reference the Vinton UDA–Downtown Public Realm Design Guidelines and Action Plan. a. Open Public Hearing • Report from Staff – Anita McMillan Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 • Receive public comments • Council/Planning Commission discussion and questions b. Close Public Hearing c. Planning Commission to make a recommendation d. Council to consider adoption of an Ordinance J. ADJOURNMENT OF THE PLANNING COMMISSION K. TOWN ATTORNEY L. TOWN MANAGER 1. BRIEFINGS a. Further briefing on proposed Ordinance to repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste, in its entirety by adopting and enacting Article 1, In General, Article II, Recycling and Article III, Penalties of Chapter 78, Solid Waste, of the Town Code – Joey Hiner 2. ITEMS REQUIRING ACTION 3. COMMENTS/UPDATES M. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Anne Cantrell N. MAYOR O. COUNCIL P. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Roanoke Valley Regional Cable TV Committee Q. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (3) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property located on South Pollard Street and Cedar Avenue for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as amended, for discussion of contract negotiations with Roanoke County, namely the Gain Sharing Agreement. R. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING S. ADJOURNMENT 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS: January 24, 2019 – 7:30 a.m. – Public Works Committee meeting – Public Works Conference Room February 5, 2019 – 7:00 p.m. – Council Meeting – Council Chambers February 19, 2019 – 2:30 p.m. – Finance Committee meeting – TOV Conference Room February 19, 2019 – 7:00 p.m. – Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS: January 24, 2019 – 7:30 a.m. – Public Works Committee meeting – Public Works Conference Room February 5, 2019 – 7:00 p.m. – Council Meeting – Council Chambers February 19, 2019 – 2:30 p.m. – Finance Committee meeting – TOV Conference Room February 19, 2019 – 7:00 p.m. – Council Meeting – Council Chambers Meeting Date January 15, 2019 Department Town Clerk Issue Consider approval of minutes of the Regular Council meeting of December 18, 2018 Summary None Attachments December 18, 2018 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, DECEMBER 18, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Janet Scheid Michael W. Stovall MEMBERS ABSENT: Sabrina McCarty PLANNING COMMISSION MEMBERS PRESENT: Robert A. Patterson William E. Booth Robert W. Benninger David R. Jones Keith N. Liles STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Treasurer/Finance Director Joey Hiner, Public Works Director Thomas Foster, Police Chief Anita McMillan, Planning & Zoning Director Mary Beth Layman, Special Programs Director Chasity Barbour, Facilities Manager Fabricio Drumond, Assistant Police Chief Valerie Cummings, Detective Sergeant Nathan McClung, Principal Planner order for a briefing of the final draft of the Public Realm Design Guidelines and the Action Plan for and the framework for the zoning and subdivision ordinances revisions. Anita McMillan introduced Vlad Gavrilovic with EPR- services. Mr. Gavrilovic comm This is a State program and no Town funds were expended for the grant shared a PowerPoint presentation UDAs – Round II. (A copy of the presentation is 2 Mr. Booth asked if the landscaping recommendations would be mandatory. Mr. Gavrilovic responded that they are mandatory now, but only in certain districts and zones. The recommendation is across all districts. Mr. Booth next asked if there were recommendations for certain species recommend the standards set by the American Nursery & Landscape Association. Mr. Jones asked if the mandate for medical pods with the recommendation. M a lot of people use ADUs to members or individuals However, t remain in the Town C Scheid commented that some discussion at a future time about AIRnbs and VRBO because this easily allow ADUs and they would become more popular. these are recommended guidelines and nothing would change our current we will have a Public Hearing to adopt the Downtown Action Plan and the Guidelines. Over the next six months there will be a review of the e whole zoning ordinan need to be made. There was further discussion on the ADU. Mr. Pastore presentation on Design Guidelines and Downtown Action Plan (A copy of the presentation is on file in the Town permanent record.) incentivize people to make façade improvements to their buildings. Mr. Pastore responded that you could require guidelines in order to participate in the façade 3 implement more local historic districts. There was further discussion on how to guidelines. Ms. McMillan commented that most of the time when someone comes in about the façade grant they ask if we have any incentives they can get up to 50%, something they can show to their architect. The Mayor called the regular meeting to order at 7:15 p.m. The Town Clerk called the roll with Council Member Scheid, Stovall, Vice Mayor Liles and present. Council Member McCarty was absent. Roll call After a Moment of Silence, Riley Cummings, led the Pledge of Allegiance to the U.S. Flag. Chief Foster read a quote from Fred Rogers, “ something, you’re at the beginning of something else”. approve the Consent Agenda as presented motion was seconded by Vice Mayor Liles and voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - McCarty. Approved minutes of Regular Council meeting of December 4, 2018 Resolution No. 2276 in the amount of $2,936.77 in the General Fund to the account $30,000.00 received from the Virginia Housing Rehabilitation Planning Grant in the Ge Under awards, introductions, presentations, Chief Foster introduced Manager in his Department. The next item was the recognition of Mary Beth Layman, Special Programs Director, who would be retiring from the Town at the end of 2018. Council presented Ms. Layman a print of landmarks in the from other Members of Cou Mayor Hare in the audience, closing comments. 4 Under citizens’ comments and petitions, Matt Hare of Aragona Drive, expressed his appreciation to Town staff for their work during the recent snow event. The next item on the agenda was the consideration Memorial, the Charl The Mayor opened the Public Hearing at 7:41 p.m. currently has a per person adopted ra Staff has proposed a fixed- can be advertised on the website and would allow more flexibility based on an 8-hour or 4-hour block There is also an hourly, rate in addition to a wedding or special With regard to the Community Center, Ms. Cantrell commented these rates are a slight increase from the current rate and include a $50/hour, a non- frequency rate of $35/hour. Both of these rate schedules include a 10% discount for Town employees, non-profit organizations and veterans. Cantrell commented that they checked with neighboring jurisdictions and looked Currently we are charging $42.00 per hour with a increase the rate to $48.00 per hour. Council Member Stovall asked what the rate would cha Scheid has reviewed the rate schedules and it is important that our police officers working an event get paid the same as officers from a neighboring locality. Hearing no furthe the Public Hearing at 7:45 p.m. Council Member Stovall made a motion to adopt the Schedule for the Vinton War Memorial as presented; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Public Hearing opened Public Hearing closed Adopted Resolution No. 2278 approving the Rental Rate Schedule for the Vinton War Memorial 5 Vice Mayor Liles made a motion to adopt the Resolution approving the Rental Rate Schedule for the Charles R. Hill Community Center as presented; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - McCarty. Council Member Scheid made a motion to adopt the Resolution approving the increase in rate for contractual police services motion was seconded by Council Member Stovall members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - McCarty. the Rental Rate Schedule for the Charles R. Hill Community Center the increase in rate for contractual police services The next item on the agenda was a presentation of the June 30, 2018 Comprehensive Annual Financial Report by Brown Edwards & Company, LLP and consider adoption Report. Anne Cantrell commented that Brown Edwards has put a lot work and effort in our Audit Gilmer. Mr. Gilmer first commented that this is the required public pre discussed in great detail in the Finance Committee meeting earlier today. very significant accounting standard and the State got the information to them late. The objectives of and compliance with laws and regulations that are responsibility does not include f unless it is material to the financial statements and management to consider. award again. The 6 Mr. Gilmer next reviewed several sections of the CAFR beginning with page 8 showing the Balance Sheet for the General Fund. The unassigned fund balance is at a healthy level with a slight increase from last year. They months of expenditures the Town could pay for out of fund balance. The national average is two and the Town is currently at 4.46, more than double the national average. On Page 14-15, in terms of the Water and Sewer Fund, the change in net position for the water and fees to cover their own expenses. increases. Over the past five years the funds have been self-sufficient. Mr. Gilmer next referred to Page 44, which related appro down to $1.4 million. The last year and the results are behind. The Town is only required to contribute the rates set by the VRS, which is single locality is doing. OPEB standard for this year. With VRS there are other post- These were always buried in the notes previously, and put them on the face of the financial statement to show the actual numbers associated with these items. Page 60 shows the implication of this new standard on each of the three funds. Mr. Gilmer next referred to Page 78, which showed the principal water and sewer customers and shows that the Town is diversified and not all of the Also, on Page 93, there is a segregation of duties comment, which dates back t had this year. financial analysis. The Mayor and Members of Council expressed Brown Edwards and made comments on the good 7 Council Member Scheid made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor Liles and carried by the following vote, with all members voting: Vote 4- 0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - McCarty. and accepting Comprehensive Annual Financial Report The Town Manager wished Council a Merry Christmas and a Happy New Year. Anne Committee met website to Version 5 and the County has worked to negotiate a cost to the Town of $6,125. The Committee has directed staff to look for funds to appropriation. The Finance Department has been animal license software cover us after April 1, 2019 and they are researching other options. The S Budget and the appropriations approved under the consent agenda were reviewed. The sales tax legislation was not discussed at this meeting. With regar out of the CD back into the checking account for investments in the General Fund million. The Grant fund was due to waiting on a reimbursement. In the Utility Fund, we were at $1.1 million in cash and Stormwater Fund o approximately $4,300,000. Ms. Cantrell next commented that with revenues we received 105% of the budget expectation. A $27,000 above what was expected and property taxes are coming in faster than anticipated. Two 8 In the Utility Fund, we projected $1.1 million and we brought in $1.3 million, above target. We feel that part of this has to do with meter replacements, payments being received in the office. With target because that is a transfer between the two funds. Ms. Cantrell next commented that we are at 93% of our projections for expenditures in the General Fund. We are 5% of the projections in the Grant $510,000. There is a chance we may be getting close to a single audit in the near future. In the expectation. We had expe expectations which is also due to vacancies and the timing of some projects. The last item discussed created a target to try budget adopted on May 21, 2019. Council Member Scheid approve the October presented; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - McCarty. Approved the October Report The Mayor commented on the success of the Christmas parade, the State of the Town and the ribbon cuttings located New Year. Comments from Council: Vice Mayor Liles commented on the success of the parade and the Holiday employee lunch Cantrell on being selected as the employee of the year and commented on the ribbon cutting for the OTB. Council Member Stovall commented on the have a lot to be proud of. Both wished everyone 9 Randy Layman expressed appreciation to Council and the Town generally for taking such good care of his wife, Mary Beth Layman. Also, as the current President of the Historical Society, he invited everyone to visit the Museum when they re- open on January 14th. wanted to continue the theme of progress and all Magazine written by James Fallows. commented that the article spoke about how much faith and positivity there is at the local government trends he talked about that are relevant to us are civic stability and long range planning. He also talked about the longevity of Mayors and how that governments. Council Member Scheid next commented that the article also talked about libraries and that ten years ago people really wrote libraries off, but the Town in partnership with Roanoke County has shown how important a library can be as a place of civic engagement. It is important to recognize that long range planning is important and thinking ahead is important and having the courage to take those big continues to show the willingness to do that. She then wished everyone a Merry Christmas. William Booth commented from the audience on how much families are an important part of those that serve in public service. Mr. Booth then asked what the current population was of the Town and the Mayor responded approximately 8,200. The Mayor also expressed appreciation to Debbie Adams with the Vinton Messenger for her coverage of the meetings and events in the Town. Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - McCarty. The meeting was adjourned 10 APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 15, 2019 Department Police Issue Police Department Officer of the Quarter/Quarterly Report Summary Chief Foster will read his Memo and recognize the Officer of the Quarter, Officer Kristopher Moore, and give the quarterly report for the Department. Attachments Power Point Presentation Recommendations No action required Town Council Agenda Summary Fourth Quarter Report Presented by: Fabricio D. Drumond October 2018 2 Vinton Police Department 471 336 0 100 200 300 400 500 Traffic Stops Oct-17 Oct-18 1253 1164 1100 1150 1200 1250 1300 Calls for Service Oct-17 Oct-18 208 111 0 50 100 150 200 250 Traffic Summons Oct-17 Oct-18 23 45 0 10 20 30 40 50 Drug Cases Oct-17 Oct-18 65 103 0 20 40 60 80 100 120 Overall Criminal Arrests Oct-17 Oct-18 74 94 0 20 40 60 80 100 DUI Arrests YTD Oct-17 Oct-18 29% decrease 7% decrease 47% decrease 96% increase 58% increase 27% increase November 2018 3 Vinton Police Department 415 215 0 50 100 150 200 250 300 350 400 450 Traffic Stops Nov-17 Nov-18 1155 949 0 200 400 600 800 1000 1200 1400 Calls for Service Nov-17 Nov-18 198 94 0 50 100 150 200 250 Traffic Summons Nov-17 Nov-18 27 35 0 10 20 30 40 Drug Cases Nov-17 Nov-18 67 78 60 62 64 66 68 70 72 74 76 78 80 Overall Criminal Arrests Nov-17 Nov-18 81 97 70 75 80 85 90 95 100 DUI Arrests YTD Nov-17 Nov-18 20 % increase 48% decrease 18% decrease 53% decrease 30 % increase 16 % increase December 2018 4 Vinton Police Department 450 177 0 100 200 300 400 500 Traffic Stops Dec-17 Dec-18 1229 833 0 200 400 600 800 1000 1200 1400 Calls for Service Dec-17 Dec-18 169 55 0 20 40 60 80 100 120 140 160 180 Traffic Summons Dec-17 Dec-18 28 24 22 23 24 25 26 27 28 29 Drug Cases Dec-17 Dec-18 78 60 0 10 20 30 40 50 60 70 80 90 Overall Criminal Arrests Dec-17 Dec-18 90 99 85 90 95 100 DUI Arrest YTD Dec-17 Dec-18 61 % decrease 32 % decrease 67 % decrease 14 % decrease 23 % decrease 10 % increase Highlights from Quarter 4 Statistics 5 Vinton Police Department •Total Calls for CAD Incidents: 2,944 •Total Reports Written: 336 •Traffic Stops: 728 •Traffic Summons Issued: 260 •Traffic Accidents: 16 •Drug Cases: 104 Criminal Investigations Division Report 6 Vinton Police Department •Total Cases for October – December Quarter: 13 •Open Cases: 6 •Closed (all): 7 Animal Control Quarterly Report 7 Vinton Police Department Total CAD Incidents: 118 Code Enforcement Report 8 Vinton Police Department October •Number of Cases: 13 •Open Cases: 3 •Closes Cases: 10 November •Number of Cases: 6 •Open Cases: 3 •Closed Cases 3 December •Number of Cases: 3 •Open Cases: 2 •Closed Cases: 1 4th Quarter Statistics Open: 8 Closed: 14 Total: 22 Meeting Date January 15, 2019 Department Vinton Volunteer First Aid Crew Issue Quarterly Report for 2nd Quarter-October, November, December 2018 Summary Chief Wayne Guffey will be present to give this report to Council. Attachments 2nd Quarter Report Recommendations No action required Town Council Agenda Summary Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 December Operations Report  Volunteer Truck hours was 473 of 492 possible hours for 96 %  Had 2 units marked up 39 hours  We had a unit in service 96% of the volunteer time  246 Total Calls o 101 career hour calls Monday thru Friday 0600-1800 o 145 Volunteer hours calls Night, weekend.  Call Break Down o 137 ALS Calls o 62 BLS Calls o 18 Service Calls o 17 Fire Calls o 6 Accidents o 4 Assist Rescue Calls o 2 Rehab Calls  Call Location o Vinton 159 o East County 46 o Roanoke County 37  Read Mtn. -24  North County-9  Mount Pleasant -3  Fort Lewis-1 o Bedford -2 o Botetourt-1 o Roanoke City -1  Medic truck marked up 78 % and a BLS Unit 22 %  Responded to 109 out of 145 calls doing volunteer hours 75%  Handled 103 out of 145 calls doing volunteer hours 71% o Out of the 36 calls career handled o 31 were 2nd emergency calls o 3 No Truck In service o 2 Self- Dispatched  Fractile Response time was o Average Reaction Time- .1.02 Seconds o Average Response Time – 6.89 o Fractile Reaction Time -11.15  1615 man hours for the month of December  Total of 399 transports o Career 84 o Volunteer 61 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 46 8 43 2 48 0 46 2 49 0 46 5 49 2 46 3 47 6 46 2 44 7 47 3 46 8 43 2 48 0 46 8 49 2 46 8 49 4 46 8 48 0 46 8 45 6 49 2 10 0 10 0 10 0 99 10 0 10 0 10 0 99 99 99 98 96 56 69 18 6 21 1 18 2 80 10 2 73 13 2 10 2 38 39 2nd Truck Percentage Hours Possible Hours Up Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Volunteer unit in service 100 100 100 99 100 100 100 99 99 99 98 96 100 100 100 99 100 100 100 99 99 99 98 96 94 95 96 97 98 99 100 101 Ax i s T i t l e Percentage of Unit in Service 22 7 25 1 20 4 21 2 23 0 21 7 24 3 23 8 19 4 22 8 22 6 24 6 98 11 7 82 81 98 10 1 10 5 99 82 10 3 11 6 10 1 12 9 13 4 12 2 13 1 13 2 11 6 13 8 13 9 11 2 12 5 11 0 14 5 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 01-18 02-18'03-18 04-18 05-18 06-18 07-18 08-18 09-18 10-18 11-18 12-18 VOLUNTEER 18-06 DAYLIGHT CALLS 06-18 TOTAL 137 62 18 17 6 4 2 0 0 0 20 40 60 80 100 120 140 160 ALS BLS SERVICE FIRE CALLS ACCIDENTS ASST RESCUE REHAB STANDBYS TEC RES December 2018 Call Break Down 246 Total Calls 24 9 3 1 0 0 0 0 0 0 0 0 5 10 15 20 25 30 Roanoke County Stations Assisted December 2018 159 46 37 2 1 1 0 0 20 40 60 80 100 120 140 160 180 Vinton East County Roanoke County Bedford Botetourt City Franklin Call Location December 2018 95 100 98 94 89 95 93 86 95 92 83 78 5 0 2 6 11 5 7 14 5 8 17 22 0 20 40 60 80 100 120 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 129 134 122 131 132 116 138 139 112 125 110 145 1533 Calls Responded 105 107 108 113 120 92 110 110 97 111 83 109 1265 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Calls Dispatched 129 134 122 131 132 116 138 139 112 125 110 Calls Responded 105 107 108 113 120 92 110 110 97 111 83 12 9 13 4 12 2 13 1 13 2 11 6 13 8 13 9 11 2 12 5 11 0 10 5 10 7 10 8 11 3 12 0 92 11 0 11 0 97 11 1 83 0 20 40 60 80 100 120 140 160 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 129 134 122 131 132 116 138 139 112 125 110 145 1533 Calls Handled 100 106 106 107 115 91 106 101 95 107 79 103 1216 12 9 13 4 12 2 13 1 13 2 11 6 13 8 13 9 11 2 12 5 11 0 14 5 10 0 10 6 10 6 10 7 11 5 91 10 6 10 1 95 10 7 79 10 3 0 20 40 60 80 100 120 140 160 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 Total Man Hours 1815 1676 2406 2228 2135 1795 2222 1933 2143 1658 1698 1615 23324 1815 1676 2406 2228 2135 1795 2222 1933 0 500 1000 1500 2000 2500 3000 Jan Feb Mar Apr May Jun Jul Aug Man Hours Man Hours Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Response Time 6.17 5.39 5.49 5.5 6.07 5.57 6.21 5.32 5.31 6.1 6 6.89 Average Reaction Time 0.51 0.48 0.41 0.48 0.52 0.52 0.55 0.43 0.43 0.55 0.61 1.02 Fractile Response 9.5 8.17 9.47 9.25 9.85 9.25 8.76 9.17 9.12 9.73 9.65 11.15 Goal is under 12 minutes 5. 3 9 5. 4 9 5. 5 6. 0 7 5. 5 7 6. 2 1 5. 3 2 5. 3 1 6. 1 6 6. 8 9 0. 4 8 0. 4 1 0. 4 8 0. 5 2 0. 5 2 0. 5 5 0. 4 3 0. 4 3 0. 5 5 0. 6 1 1. 0 2 8.17 9.47 9.25 9.85 9.25 8.76 9.17 9.12 9.73 9.65 11.15 0 2 4 6 8 10 12 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Response Times Average Response Time Average Reaction Time Fractile Response Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Career 86 103 58 72 65 63 79 92 58 60 96 84 916 Volunteer 50 66 62 58 60 56 65 56 49 59 49 61 691 Total 136 169 120 130 125 119 144 148 107 119 145 145 1607 86 10 3 58 72 65 63 79 92 58 60 96 84 50 66 62 58 60 56 65 56 49 59 49 61 13 6 16 9 12 0 13 0 12 5 11 9 14 4 14 8 10 7 11 9 14 5 14 5 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Transports Career Volunteer Total Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 2nd Quarter FY 18-19 Operations Report  Volunteer Truck hours was 1382 of 1416 possible hours for 99 %  Had 2 units marked up 179 hours  We had a unit in service 99% of the volunteer time  700 calls o 320 Career hour calls Monday thru Friday 0600-1800 o 380 Volunteer hours calls Night, weekend.  Call Break Down o 399 ALS CALLS o 159 BLS CALLS o 48 SERVICE CALLS o 46 FIRE CALLS o 22 ACCIDENTS o 17 ASSIST RESCUE CALLS o 7 STANDBYS o 2 REHAB CALLS o 2 TECHNICAL RESCUE CALLS  Call Location o Vinton 447 o East County 139 o Roanoke County 98  Read Mountain -57  North County-21  Mount Pleasant-15  Masons Cove-3  Hollins-1  Fort Lewis-1 o Roanoke City-6 o Bedford-5 o Botetourt-5 o  Medic truck marked up 84 % and a BLS Unit 16 %  Responded to 303 out of 380 calls doing volunteer hours 80%  Handled 289 out of 380 calls doing volunteer hours 76% o Out of the 91 calls career handled o 67 were 2nd emergency calls o 14 when we only had a BLS unit o 6 no truck in service o 4 Self Dispatched  Fractile Response time was o Average Reaction Time- .70 Seconds o Average Response Time – 6.47 o Fractile Reaction Time -9.98  4971 man hours for the month of August  Total of 372 transports o Career 203 o Volunteer 169  Currently have 47 members with ? applications pending o 22 EMTS o 1 Advanced EMT o 11 Medics o 12 In Training o 1 Driver Only Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 2018 Operations Report  Volunteer Truck hours was 5610 of 5666 possible hours for 99 %  Had 2 units marked up 1271 hours  We had a unit in service 99% of the volunteer time  2714 calls o 1181 Career hour calls Monday thru Friday 0600-1800 o 1533 Volunteer hours calls Night, weekend.  Call Break Down o 1513 ALS CALLS o 578 BLS CALLS o 198 Fire Calls o 149 Service Calls o 128 Vehicle Accidents o 83 Assist Rescue Calls o 33 Standbys o 18 Rehab calls o 11 Technical Rescue Calls  Call Location o Vinton 1739 o East County 549 o Roanoke County 330  Read Mountain -199  Mount Pleasant-47  North County-45  Hollins-13  Masons Cove-12  Cave Spring-5  Clearbrook-5  Fort Lewis-2  Bent Mountain-1  Back Creek-1 o Bedford-43 o Roanoke City-36 o Botetourt-8 o Franklin-1  Medic truck marked up 91 % and a BLS Unit 9 %  Responded to 1265 out of 1533 calls doing volunteer hours 83%  Handled 1216 out of 1533 calls doing volunteer hours 79% o Out of the 317 calls career handled o 246 were 2nd emergency calls o 33 when we only had a bls unit o 16 No truck In service o 15 Self Dispatched  Fractile Response time was o Average Reaction Time- .54 Seconds o Average Response Time – 5.80 o Fractile Reaction Time -9.53  23227 Man hours for the month of August  Total of 1607 transports o Career 916 o Volunteer 691 2017 2018 Diff +/- Total 2608 2714 4.06% ALS 1494 1513 1.27% BLS 577 578 0.17% Fire 178 198 11.24% Service 110 149 35.45% Accidents 135 128 -5.19% Assist Rescue 72 83 15.28% Standbys 32 33 3.13% Rehab 2 18 800.00% Tech 2 11 450.00% 2017 2018 Diff +/- North County 19 45 136.84% Cave Spring 0 5 500.00% Catawba 0 0 0.00% Hollins 4 13 225.00% Mount Pleasant 54 47 -12.96% Clearbrook 2 5 150.00% Bent Mtn 0 1 100.00% Fort Lewis 2 2 0.00% Mason Cove 1 12 1100.00% Back Creek 0 1 100.00% Read Mtn 204 199 -2.45% 2017 2018 Diff +/- Unit in Service 5559 5610 0.92% Possible 5660 5666 0.11% Total Calls 2608 2714 4.06% Mon-Fri Calls 1146 1181 3.05% Night Calls 1438 1533 6.61% Medic Truck Mark Up 86%91%5.81% Man Hours 23469 23227 -1.03% Meeting Date January 15, 2019 Department Planning and Zoning Issue Consideration of public comments regarding an amendment to the Town of Vinton 2004 – 2024 Comprehensive Plan, as amended, to adopt and incorporate by reference the Vinton UDA– Downtown Public Realm Design Guidelines and Action Plan. Summary A joint work session of Town Council and Planning Commission was held on December 18, 2018, to receive comments and discuss the final draft of the Public Realm Design Guidelines and the Action Plan for the Downtown Urban Development Area (UDA), and the framework for the zoning and subdivision ordinances revisions. At the work session, the planning and urban design consultants, Rhodeside & Harwell and EPR- PC, presented a PowerPoint presentation on the Downtown UDA Public Realm Design Guidelines and Action Plan, and the framework for the zoning and subdivision ordinances revisions. Attachment 1. Ordinance 2. The Vinton UDA–Downtown Public Realm Design Guidelines and Action Plan can be viewed via a webpage link: https://www.vintonva.gov/index.aspx?nid=422 which has been made available to the UDA members and the general public to access the documents for each of the meetings, including the December 3rd final meeting of the UDA Advisory Committee. Recommendations Conduct Public Hearing and Motion to adopt the Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 15, 2019, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179 AN ORDINANCE to amend Ordinance No. 806, as amended, Town of Vinton 2004 – 2024 Comprehensive Plan, dated September 7, 2004; by adopting and incorporating by reference, Vinton Urban Development Area (UDA)–Downtown Public Realm Design Guidelines and Action Plan; WHEREAS, pursuant to Section 15.2-2223 of the Code of Virginia, as amended, the Town of Vinton is required to “prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction”; and WHEREAS, the Town of Vinton, Virginia has a long and successful history of community planning that has emphasized citizen involvement and participation; and WHEREAS, a joint public hearing of the Vinton Planning Commission and Vinton Town Council was held on August 16, 2016, to amend the Town Comprehensive Plan by identifying and designating UDA boundaries; text to include the UDA document, goals and strategies; revised population projections data based on 2010 Census and incorporating the principles of Traditional Neighborhood Design (TND) concepts for use in the UDA, and adding Virginia State Code references in order to satisfy criteria for transportation project funding, by reference; and WHEREAS, the UDA plan, as a component of the Town of Vinton Comprehensive Plan, is prepared to satisfy criteria for transportation project funding and is consistent with the intent of Sections 15.2-2223, 2224, and 2229 of the Code of Virginia, as amended; and WHEREAS, on August 30, 2017, the Town received a second UDA grant that included funding for the development of the Public Realm Design Guidelines and the Action Plan for the Downtown UDA, and the framework for the zoning and subdivision ordinances revisions; and WHEREAS, an UDA Advisory Committee comprised of property/business owners, members of the Town Council, Planning Commission, and Board of Zoning Appeals, was established in November 2017; and WHEREAS, the UDA Advisory Committee held several meetings: January 25, April 30, with a final meeting on December 3, 2018, which was followed by a public open house on December 3, 2018; and WHEREAS, a joint work session of Town Council and Planning Commission was held on December 18, 2018, to receive comments and discuss the final draft of the Public Realm Design Guidelines and the Action Plan for the Downtown Urban Development Area (UDA), and 2 the framework for the zoning and subdivision ordinances revisions; and WHEREAS, during the joint public hearing of the Vinton Planning Commission and Vinton Town Council, held on January 15, 2019, which was held after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia, as amended; the Planning Commission recommended that the Town Vinton Comprehensive Plan be amended, and the Town Council concurred with the Planning Commission’s recommendation; and WHEREAS, the Vinton Town Council believes that the general welfare of the public, as well as good planning practices, are served by the approval of this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that Ordinance No. 806, as amended, Town of Vinton 2004 – 2024 Comprehensive Plan, be amended by adopting and incorporating by reference the Vinton UDA–Downtown Public Realm Design Guidelines and Action Plan, by reference attached hereto as Exhibit A. This Ordinance was adopted on motion made by Council Member _________________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: __________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 15, 2019 Department Public Works Issue Further briefing on proposed Ordinance to repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste, in its entirety by adopting and enacting Article 1, In General, Article II, Recycling and Article III, Penalties of Chapter 78, Solid Waste, of the Town Code. Summary Council was briefed on the proposed Ordinance at their December 4, 2018 meeting. The Public Works Committee met on January 3, 2019 and discussed the various items that were brought up at the Council Meeting. The draft Ordinance is attached with one recommended change on Page 9, which is highlighted. Joey Hiner will be present at the meeting to give an update to Council on those items. Council will need to consider authorizing the advertisement of the Public Hearing for adoption of the Ordinance at the February 5, 2019 meeting and the ordering of the carts Attachments Draft Ordinance Recommendations Authorization to advertise the Public Hearing for February 5, 2019 Authorization to order the carts Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, ___________________________, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE TO REPEAL ARTICLE I, IN GENERAL, AND ARTICLE II, RECYCLING, OF CHAPTER 78, SOLID WASTE IN ITS ENTIRETY BY ADOPTING AND ENACTING ARTICLES I, IN GENERAL, II, RECYCLING AND III, PENALTIES, OF THE TOWN CODE. WHEREAS, Section 15.2-928 of the Code of Virginia authorizes the Town of Vinton to provide for and operate facilities and appurtenances for the collection, management, recycling and disposal of solid waste, recycling materials and other refuse of the residents and businesses of the Town of Vinton; and WHEREAS, the Town previously enacted a Solid Waste ordinance codified in Chapter 78 of the Town Code; and WHEREAS, it is the responsibility of Town Council to periodically review and revise the solid waste ordinance of the Town of Vinton in order ensure its compliance with current law in the Commonwealth of Virginia; and WHEREAS, the Town Council has now determined that it is in the best interest of the residents of the Town of Vinton to amend its solid waste ordinances to facilitate collection of refuse in town-issued refuse carts and to otherwise amend the ordinance to promote the health, safety and welfare of the residents of the Town of Vinton all in accordance with applicable state law; and NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council does hereby repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste and replace in its entirety by adopting and enacting Articles I, IN GENERAL, II, RECYCLING AND III, PENALTIES of the Town Code, as follows: CHAPTER 78 – SOLID WASTE ARTICLE I. – IN GENERAL Sec. 78-1. - Violations of chapter generally. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a class 4 misdemeanor. (Code 1982, § 14-1) 2 Sec. 78-2. - Containers generally. (a) It shall be the duty of every owner, lessee or occupant of every residence and every building or place of business in the town to provide, at all times, suitable and sufficient sanitary refuse containers which shall be leakproof with tightfitting tops and handles, and in conjunction with such containers, other containers, such as plastic bags, of adequate strength to hold and retain all garbage and liquid substances, and whatever rubbish may be mixed therewith, from such building, residence or place of business. (b) Each owner, lessee or occupant of every residence and every building or place of business shall deposit, in the containers required by this section, any refuse, garbage, liquid substances and rubbish of any sort to be collected and disposed of. (c) The sanitation workers of the town shall not be required to empty any refuse container which, together with its contents, weighs in excess of 50 pounds. (Code 1982, § 14-2) Sec. 78-3. - Location of containers. (a) The refuse containers referred to in section 78-2 shall be kept upon the premises at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. During the hours and days designated by the town manager for the collection of refuse, each resident and business proprietor shall place their refuse containers on their streetside property line or at the curb for pickup. If subject dwelling house or place of business has an alley directly behind the property, then in such event, refuse containers shall be maintained thereon for ready pickup by sanitary workers. Any handicapped or severely ill person shall notify the town manager to arrange a special refuse collection. (b) Notwithstanding the provisions of subsection (a) of this section, in the central business section of the town, as provided in the zoning ordinance, merchants and persons living over stores shall place their refuse containers upon the sidewalks of the town during the hours and days designated by the town manager for the collection of refuse. (Code 1982, § 14-3) Sec. 78-4. - Collection by town. (a) The town manager shall be authorized to promulgate policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council. Such policies, rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. (b) Refuse that can be collected in a load packer truck shall be collected and disposed of according to the following schedule: (1) Residential customers, including single-family, duplexes and mobile homes, shall receive once-per-week refuse collection at no charge. 3 (2) Businesses, apartments and institutions generating not more than 12 cans, being 30 gallons each, of refuse per week shall receive free once-per-week refuse collection. Heavy duty garbage bags may be substituted for cans. Under certain conditions related to public health and safety, as determined from time to time by the town manager, refuse may be collected more frequently. In no event shall more than 12 cans be collected in any week. (3) All businesses, apartments, and institutions generating more than the 12-can-per-week limit shall secure a private vendor for their collection needs. (c) Refuse that cannot be collected in a load-packer truck, hereinafter referred to as bulk refuse, such as tree trunks and limbs not to exceed two feet in diameter, shrubbery trimmings, leaves, brush, appliances, and furniture will be collected by the town as follows: Any person desiring such collection shall so advise the town office, requesting that a town truck pick up the specified refuse. All such refuse shall be placed at the curb or edge of the street adjoining the property of the person requesting the service. The refuse shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. Bulk refuse will not be picked up in alleys. There shall be a charge for such service in such amount as is prescribed, from time to time, by the town council, and the person requesting the service shall pay such charge before the refuse is collected. (d) In no event shall hazardous waste or household hazardous waste, as defined in Code of Va., § 10.1-1400, as amended, be placed out for collection or be collected by the town. (e) (1) Prohibited items include: tree stumps or root balls, dead animals, automobile or motorcycle parts, machinery, waste material produced in the construction, remodeling, repair, or demolition of buildings, homes, industrial plants, pavements and structures including but not limited to, lumber, concrete, asphalt, fencing, roofing materials, plaster, gypsum board, piping and all other similar items, herbicides, insecticides, household cleaners, or any other material deemed unsafe for collection. (2) Notwithstanding the above subsection, not more than four un-mounted automobile tires will be collected from a household per calendar year at no charge. (f) When discarding iceboxes, refrigerators, or other similar containers, the requirements of section 46-2 of the town code shall be strictly adhered to. (g) Only refuse generated within town limits may be disposed of under this ordinance. (h) All contractors, required to be licensed by state law, who perform major work on a property and produce waste material from this work shall be responsible for removing the waste from the property and legal disposing of it in an approved landfill or other facility. (Ord. No. 811, 3-15-05) Sec. 78-5. - Dumping unsightly matter on highway, right-of-way or private property. (a) Any person shall be guilty of a class 1 misdemeanor who dumps or otherwise disposes of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent. 4 (b) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of section Code of Virginia, § 46.2-936 in making such arrest. (c) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (d) Any person convicted of such violation shall be guilty of a class 1 misdemeanor. (e) The provisions of this section shall not apply to the lawful disposal of such matter in landfills. (Code 1982, § 14-5) State Law reference— Similar provisions and authority of town to adopt above section, Code of Virginia, § 33.1-346. Sec. 78-6. - Coordination with mandatory refuse recycling program. (a) The town has established a mandatory refuse recycling program by the adoption of the town council of Ordinance No. 523 on March 6, 1990, the same being incorporated in the town Code as article II of this chapter. (b) This chapter shall be read and interpreted in keeping with the provisions of the mandatory refuse recycling program. The town manager shall resolve any conflict with respect to particular owners, sites for collection, location of containers and variances required for the efficient and effective operation of refuse collection services for the residents, merchants and business people of the town. (Code 1982, § 14-6) Sec. 78-7. - Illegal dumping; penalty. Any person who shall dump or otherwise dispose of trash, garbage, waste or other refuse, or unsightly matter in any town dump, dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, garbage, waste or other refuse or unsightly matter in any dump, dumpster, dump truck, disposal area or waste management facility shall be guilty of a class 1 misdemeanor. (Ord. No. 697, 9-15-1998) ARTICLE II. - RECYCLING Sec. 78-26. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 5 Recyclable materials means newspapers, magazines, cardboard, glass bottles and jars, aluminum cans, plastic containers and any other additional items as designated by the town manager intended to be discarded by persons who receive town refuse collection services. (Code 1982, § 14-21) Cross reference— Definitions generally, § 1-2. Sec. 78-27. - Collection of recyclable refuse. (a) This section applies to occupants of single-family homes and multifamily dwellings and to commercial establishments from which the town collects refuse. (b) A person shall not place recyclable material designated by the town manager for recycling collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless newspapers are soiled or the glass is broken. Dirty or soiled paper, broken glass or partially filled containers are not to be added to the recyclable materials. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recyclable material will not be collected on that day if: (1) Weather conditions or emergencies have made roadways impassable; or (2) The day falls on a legal holiday. Collection will be resumed on the next following workday. (d) A person shall place the container of recyclable materials on the public right-of-way next to the edge of pavement. The recyclable material shall not interfere with parking or traffic. A person shall not place the recyclables next to the curb before 4:00 p.m. the day before the scheduled collection. After being emptied, the recycling containers shall be removed from the edge of pavement by the occupants before midnight the day of collection. The town manager may designate a single place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recyclable materials. (e) In cases where the public right-of-way is inaccessible, the town manager shall designate an appropriate place near the edge of pavement for placement of the recyclables. Examples of these placements include the foot of driveways, alleys, walkways or steps to the house or the edge of the front lawn. (f) A person shall tie newspapers in a bundle or take other action to prevent newspapers from being blown away by the wind. The bundle shall not weigh more than 25 pounds and shall be placed in the prescribed container provided by the town. On wet days, a person shall place the newspaper bundle in a plastic bag such as to protect its contents from weather. (g) The town, as an initial incentive, shall provide a recycling collection container to each residential unit and commercial establishment required to participate in the recycling program. It is intended that the recycling collection container will remain at the location of the residential unit or commercial establishment where it is originally issued. Recycling participants must purchase additional containers from the town to replace those lost or damaged. The cost of the container will equal the price paid by the town for the container. A serial number shall identify to whom the container has been issued. Residents who move into the town after the program has begun will purchase the 6 recycling container at cost from the town if the originally issued container was not left with the property. Residents may purchase additional containers at cost to store the recyclable materials generated by their household or commercial establishment if one container is not sufficient. (h) A person shall place newspapers, magazines, cardboard, glass bottles and jars, aluminum beverage cans and plastic containers in the collection container provided to residents and commercial establishments by the town. Glass bottles, jars and aluminum cans shall be emptied before being placed in the respective recycling container. It is recommended that aluminum cans can be flattened, but this is not required. Glass bottles and jars should not be broken before placement in the collection container. It is recommended that plastic containers be flattened (depressed) and the cap replaced to maintain the flattened shape. (i) The town manager may designate addition material for residents to include in the recycling collection container. (j) A person shall not use the recycling collection containers for any other purpose except the storing of recyclable items prior to collection. (k) Only the town, its contractor or the person who placed the recycling container next to the designated collection point may recover recyclable materials. No scavenging or unauthorized collection of recyclable materials from the designated collection point shall be permitted. A violation of this subsection shall be a class 3 misdemeanor. (l) The town manager is authorized to amend these requirements and provide special exceptions on a case-by-case basis for individuals who, due to frail health, age, incapacity or handicap, are unable to comply with the provisions of this section. (m) The town manager is authorized to provide for more frequent collection at residential or commercial locations where recyclable materials are generated in such volume as to make more frequent collection desirable and warranted. Each authorization shall be made up on a reviewable, case-by-case basis. (Code 1982, § 14-22) Sec. 78-28. - Penalty for noncompliance. (a) Before issuing a criminal citation for an infraction under this article, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The first and second warning notice shall describe the violation, include instructions for the proper sorting of recyclables from refuse, state that all occupants of single-family houses, multifamily dwellings and commercial establishments from which the town collects refuse must participate in the recycling program and inform the person responsible for the violation and for subsequent violations of the penalty. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing 7 the facts of the violation. A code enforcement officer shall issue a criminal citation for the infraction to the responsible occupant or owner. (4) Penalty. Any violation under this article in which a criminal citation is issued shall be punished as a class 4 misdemeanor. (b) The following shall apply with respect to infractions: (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a repeat violation. (2) Any individual or corporate owner who receives a citation and who wishes to stand trial shall not receive additional citations until the court rules on the citation for which the defendant is standing trial. (3) In cases where the town manager has determined that extreme danger exists to persons or property or extreme unsanitary conditions exist, the warning notice shall be dispensed with, and the town manager shall obtain a court order to take corrective action. However, nothing shall be construed to prohibit the town manager from taking what action he finds appropriate to protect the public health and safety both under the laws of the town and the commonwealth. (4) The town manager or the manager's representative shall have authority to enforce all provisions of this article. Officers of the police department are deemed representatives of the town manager. (Code 1982, § 14-23(a)(1)—(3), (5), (b)) CHAPTER 78 – SOLID WASTE ARTICLE I. – IN GENERAL Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ashes mean ashes or cinders. Bulk item means any large item that does not fit within a town-issued refuse cart, including but not limited to a major household appliance, large rug, mattress, bed springs, or furniture. Brush or shrubbery means tree trimmings, brush and shrubbery with limbs not exceeding six (6) feet in length and two (2) feet in diameter and cut into pieces. Downtown business area means those buildings with addresses as follows and as shown in the Map attached as Exhibit A to this Article: 100 - 300 block S. Pollard Street, 100 block W. Lee Avenue, 8 100 block E. Lee Avenue, 100 block W. Jackson Avenue, 100 block E. Jackson Avenue, 10-99 block Walnut Avenue, West side of 100 - 200 block S. Maple Street (odd numbered addresses). Orange lines on Exhibit A indicate the boundary of areas served by Downtown Refuse Collection. Hazardous material means "hazardous material" as define[d] in Code of Virginia § 10.1-1400, as amended. Hazardous substance means "hazardous substance" as define[d] in Code of Virginia § 10.1- 1400, as amended. Hazardous waste means "hazardous waste" as define[d] in Code of Virginia § 10.1-1400, as amended. Household hazardous waste means "household hazardous waste" as define[d] in Code of Virginia §10.1-1400, as amended. Medically Excused Service means specialized collection of refuse or recyclables generated by all persons residing in a dwelling unit from a point of collection approved by the town manager, but which is not curbside or alley side, such service to be provided due to the physical difficulty or inability of all persons residing in the subject dwelling unit to transport refuse and recyclables to the curbside or alley. Refuse means any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected. Refuse collection service means the collection of refuse, rubbish, trash and ashes by the town. Sludge means "sludge" as define[d] in Code of Virginia § 10.1-1400, as amended. Town-Issued Refuse Cart means the container that is provided by the town and assigned to an address for refuse collection. Sec. 78-2. Powers and duties of town manager generally. The town manager shall be authorized to promulgate policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council. Such policies, rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. 9 Sec. 78-3. Other governmental regulations. The provisions of any applicable federal or state law or regulation shall control to the extent that compliance with this chapter could prevent compliance with a regulation or law of the federal or state government, including solid waste management regulations, hazardous waste management regulation, hazardous materials transportation regulations and infectious waste management regulations. Sec. 78.4. Regular Collection Service. (a) Collection Service in General. (1) The town shall provide refuse collection service on the terms and conditions set out in this article only to citizens, residents and business establishments located within the corporate limits of the town. (2) The town manager is authorized to provide for more frequent collection at residential or commercial locations where refuse is generated in such volume as to make more frequent collection desirable and warranted. Each authorization will be made on a reviewable, case-by-case basis. (3) The town manager is also authorized to promulgate additional policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council, as provided in Section 78-2. (b) Residential, Business and Commercial Areas Outside the Downtown Business Area. In residential sections, business and commercial areas outside the downtown business area of the town, all collections of refuse, rubbish, trash, ashes, etc., shall be made after 7:00 a.m. and according to a schedule that covers certain sections of the town each day. These areas shall receive once-per-week refuse collection. (c) Downtown Business Area. In the downtown business area of the town, collections of refuse, rubbish, trash, ashes, etc., shall be made three (3) times a week. All town-issued refuse carts shall be placed for collection by 6:00 a.m. on the day designated in the collection schedule for each place desiring refuse collection service. Sec. 78-5. Refuse carts to be provided by town (a) Residential Areas. (1) Any residence with refuse collection service shall be provided one 96-gallon refuse cart by the town unless serviced by a private refuse collection service. Any such residence may be provided one additional refuse cart and shall be billed for the same at a 10 rate specified in the town refuse service fee schedule, which may be amended from time to time by town council. The town will have a limited number of 96-gallon refuse carts available and they will be distributed on a first come, first serve basis. (2) If after a 30-day period, any householders or occupants of any residence feel the 96-gallon refuse cart is too large for their household, they may request to replace said cart with a 64-gallon refuse cart. The town will have a limited number of 64-gallon refuse carts available and they will be distributed on a first come, first serve basis. (3) Apartment houses, condominiums, complexes and other buildings having multiple units with five (5) or more units or any customer service location requesting more than three (3) town-issued refuse carts shall be required to have private refuse collection service. (4) The town may require private refuse collection service for any apartment house, condominium, townhouse, or other development when the town makes determination that town-issued refuse cart service is not practical due to maneuverability or other operational issues caused by topography, site constraints or the entering onto private property. (b) Downtown Business Area and Business and Commercial Areas Outside the Downtown Business Area. (1) All businesses, stores, restaurants and other places of business with refuse collection service shall be provided one 96-gallon refuse cart by the town unless serviced by a private refuse collection service. Any such place of business may be provided up to two (2) additional refuse carts and shall be billed for the same at a rate specified in the town refuse service fee schedule, which may be amended from time to time by town council. The town will have a limited number of 96-gallon refuse carts available and they will be distributed on a first come, first serve basis. (2) If after a 30-day period, any place of business feels the 96-gallon refuse cart is too large for their business, they may request to replace said cart with a 64-gallon refuse cart. The town will have a limited number of 64-gallon refuse carts available and they will be distributed on a first come, first serve basis. Sec. 78-6. Use of Town-Issued Refuse Carts. (a) All refuse carts issued by the Town of Vinton shall remain the property of the Town of Vinton. Customers who move outside the refuse collection service area or who otherwise cease refuse collection service with the town are obligated to notify the town utility billing staff. (b) The town-issued refuse carts shall be used for all refuse set out by the refuse customer for removal by the town according to the provisions of this article. Customers shall adhere to a maximum weight limitation of 100 pounds for the 96-gallon town-issued refuse cart. 11 (c) It shall be unlawful for any individual or business to utilize town-issued refuse carts for disposal of refuse, waste, etc. in carts that are assigned to other customers without their permission. It shall be the responsibility of all customers to properly identify their town-issued refuse cart. Determination of whether or not town-issued refuse carts are being utilized by a properly assigned customer shall be done by the town in accordance with individual town-issued refuse cart identification numbers and their corresponding account information in the records of the town. (d) No paper or pasteboard boxes, plastic bags, etc. shall be used as containers for refuse, rubbish, trash or ashes set for collection. Only town-issued refuse carts or dumpsters are acceptable for town refuse collection service. (e) All refuse, rubbish, trash and ashes set out for collection shall be bagged and contained within town-issued refuse carts. Garbage shall be contained in other containers such as plastic bags of adequate strength to hold and retain all garbage and liquid substances. It shall be the duty and responsibility of every property owner, tenant, occupant or agent of any premises in the town to prevent refuse from being spilled on the ground or premises. Excess volume that is not contained within town-issued refuse carts will not be picked up. Sec. 78-7. Placement of Town-Issued Refuse Carts. (a) For residential, business and commercial areas outside of the downtown area, refuse carts referred to in Section 78-5 shall be kept upon the premises at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. During the hours and days designated by the town manager for the collection of refuse, each resident and business proprietor shall place their refuse carts on their streetside property line or at the curb so that they can be conveniently accessible and emptied. If subject dwelling house or place of business has an alley directly behind the property, then in such event, refuse carts shall be maintained thereon for collection. (b) For residential and businesses in the downtown area, the town-issued refuse carts shall be placed in front of the business on the sidewalk and in all such cases the town-issued refuse carts shall be placed on the morning of the day they are to be collected . (c) All refuse carts shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. Sec. 78-8. Removal of Town-Issued Refuse Carts. (a) For residential, business and commercial areas outside of the downtown area, such town- issued refuse carts shall be removed from the street no later than 7:00 a.m. of the following day and placed at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. This duty shall be the responsibility of the same person that sets out the town-issued refuse cart for collection. (b) For residential and businesses in the downtown area, such town-issued refuse carts shall 12 be removed from the street no later than 7:00 p.m. of the same day and placed out of view from the street. This duty shall be the responsibility of the same person that sets out the town-issued refuse cart for collection. Sec. 78-9. Maintenance of Town-Issued Refuse Carts. (a) It shall be the duty of the customer to keep their assigned town-issued refuse cart(s) in a clean and sanitary condition at all times and to not deface said cart(s) in any manner. (b) All town-issued refuse carts, as provided for in Section 78-5, shall be drained of any excessive moisture before being set out for removal. (c) The town will replace town-issued refuse carts which have become unusable without fault of the customer. A replacement town-issued refuse cart will be provided when a new occupant moves into a residence and the original town-issued refuse cart is missing, but the town will seek reimbursement from the occupant who has moved. (d) Customers are responsible for repair or replacement costs of town-issued refuse carts at a rate established in the latest edition of the town refuse service fee schedule, which may be amended from time to time by town council, when the town makes determination that damage or disappearance of the town-issued refuse cart is not the responsibility of the town or through normal regular use. Sec. 78-10. Medically Excused Service. (a) Any person who is physically unable to transport refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in Section 78-7 may apply for medically excused service. (1) Medically excused service is available only when there is no person residing in a dwelling unit who is physically able to transport the town-issued refuse cart to the locations described in Section 78-7. (2) Any person applying for medically excused service must present a physician's certification, acceptable to the Public Works Director, that the applicant is unable to transport to the locations described in Section 78-7 all solid waste, including recyclables, generated by those persons residing in such dwelling unit. (3) Any person receiving medically excused service must notify the Public Works Department within thirty (30) days, if the person, or any person living in the dwelling unit becomes ineligible for medically excused service at the subject address due to improved health, relocation of the person receiving such service, or any other reason. (4) Medically excused service shall be available to citizens for a term of no more than twelve (12) months from the date of approval by the Public Works Director. 13 (5) Any person receiving medically excused service may reapply for an additional twelve-month term, if such person remains otherwise qualified for such service. A physician's certification of eligibility for medically excused service shall be required of a citizen reapplying for such service. Sec. 78-11. Other collection services (a) Bulk & Large Item Collection (1) Bulk and large item collection occurs on regular refuse collection day. Bulk and large items are not collected in alleys. Bulk and large items such as appliances, furniture, and other large items may be placed at the curb by 7:00 a.m. on the regular refuse collection day for pick-up. (2) We do not pick up any construction materials (lumber, dry-wall, carpet, padding, water heaters, plumbing fixtures, cabinetry, windows, etc.) regardless of who is doing the work on your home. Anyone who is unsure if bulk falls in this category may contact the Public Works Department. (3) If a contractor is doing this work for you, they are responsible for hauling away the construction debris. (b) Yard Waste Collection (1) Yard Waste Collection occurs on the regular refuse collection day. Yard waste is not collected in alleys. (2) No timbers used in landscaping or bushes, small trees or plants with root balls still attached, sod, tree stumps or dirt will be picked up. (3) The town refuse truck shall not haul away loose leaves, grass, cuttings, weed or hedge trimmings, tree trimmings, branches, limbs or similar matter, nor refuse and trash, from building operations. (4) Grass clippings must be bagged in heavy grade plastic refuse bags and placed at the curb by 7:00 a.m. for pickup on the regular refuse collection day. (5) Bagged Leaves will be collected on the regular refuse collection day. (6) Fall Loose Leaf Collection occurs annually and is scheduled during November and December each year. Leaves should be raked no closer than one foot and no farther than five feet from the back of the curb or edge of the street located in front of the residence. Leaves are not to be placed in the street or gutter. Sticks, limbs, rocks and other debris shall not be included in the leaves. (7) All yard waste shall be placed so that mail delivery and other services, and access 14 to adjoining properties, shall not be impeded. (c) Brush and Limb Collection (1) Brush & Limb Collection occurs on your regular refuse collection day. Brush and limbs are not collected in alleys. (2) Brush and tree limbs must be cut into sections not exceeding six (6) feet in length and two (2) feet in diameter and placed at the curb for collection. (4) Any person, persons, or company that is contracted to perform such work as cutting trees, trimming limbs, branches, shrubs, and the like, are responsible for hauling away all tree limbs and resulting wood waste. (5) All brush and limbs shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. (d) Charges for Excessive Amounts of Bulk, Large Items, Yard Waste, Brush and Limbs If amount of bulk, large items, yard waste, brush and limbs or other oversize items requires five full-sized pickup truck loads, additional charges apply as prescribed in the town refuse service fee schedule, which may be amended from time to time by council. The town refuse service fee schedule, which addresses charges associated with refuse collection, may be amended from time to time by town council. After the fee charges have been paid, the items will be scheduled for collection. Sec. 78-12. Refuse not acceptable for collection. (a) The town refuse truck shall not haul away any refuse, rubbish, trash, ashes, etc., that are not bagged and placed in town-issued refuse carts. The town has the right to specify particular pick-up locations for each individual town-issued refuse cart and it shall be the responsibility of the customer to ensure that the town-issued refuse cart is in the specified pick- up location and oriented as directed by the town. (b) Any matter set out for collection which does not comply with the provisions of this article will not be collected by the town refuse truck, but must be removed by the owner or tenant of the premises involved. (c) Placing hazardous waste, hazardous substances, household hazardous waste, biohazardous waste, sludge, pharmaceutical waste, pressurized containers, combustible or explosive material, construction waste, electronic waste, hot ashes or embers, human excreta (excluding diapers), animal manure (excluding household pets),dead animals or portions of dead animals, automotive parts and waste including tires and batteries, grease from restaurants or other business uses, liquids, appliances, earth, tree stumps, asphalt, brick, concrete, bulk items, 15 and similar materials for collection in either town-issued refuse carts or dumpsters shall be prohibited. (d) In no event shall hazardous waste or household hazardous waste, as defined in Code of Va., § 10.1-1400, as amended, be placed out for collection or be collected by the town. (e) Prohibited items include: tree stumps or root balls, dead animals, automobile or motorcycle parts, machinery, waste material produced in the construction, remodelling, repair, or demolition of buildings, homes, industrial plants, pavements and structures including but not limited to, lumber, concrete, asphalt, fencing, roofing materials, plaster, gypsum board, piping and all other similar items, herbicides, insecticides, household cleaners, or any other material deemed unsafe for collection. (f) Only refuse generated within town limits may be disposed of under this ordinance. (g) The Town reserves the right to refuse any waste that is not accepted by the Roanoke Valley Resource Authority (hereafter “RVRA”). Sec. 78-13. Sweeping and depositing certain materials in streets, etc. (a) It shall be unlawful for any person to deposit or cause to be deposited upon the sidewalks, streets, roads, lanes or alleys or in any catchbasin any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected including yard waste. (b) All such material shall be placed in receptacles and disposed of as provided in this ordinance. However, the owner has the option of making proper disposition by himself or his agent and in all such cases must haul and deposit such material in an approved disposal facility. Sec. 78-14. Accumulation of refuse. Any person allowing refuse to accumulate on his premises in a manner that would become offensive or unsanitary shall be guilty of creating a nuisance. Refuse, tree and brush trimmings, trash and ashes shall not be allowed to accumulate, causing a large quantity to be set out for collection at one time. Sec. 78-15. Disposition of refuse other than through refuse collection service. Waste may be disposed of at the Roanoke Valley Resource Authority Tinker Creek Transfer Station located at 1020 Hollins Road N.E., Roanoke, Virginia 24012. Refuse disposed of in any other manner than through the town refuse collection service, as set forth in this article, shall be disposed of in a manner approved by the health department and town manager. Sec. 78-16. Illegal dumping; penalty. 16 (a) No refuse or offensive or disease-producing material or trash shall be dumped in any lot or space within the town for the purpose of filling or otherwise. (b) No person shall dump or otherwise disposes of trash, refuse, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof. (c) No person shall dump or otherwise dispose of trash, waste or other refuse, or unsightly matter in any town dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, refuse, waste or other refuse or unsightly matter in any dumpster, dump truck, disposal area or waste management facility. (d) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, § 46.2-936 in making such arrest. (e) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (f) Any person convicted of such violation shall be guilty of a class 1 misdemeanor. (g) The provisions of this section shall not apply to the lawful disposal of such matter in landfills. Sec. 78-17. Materials prohibited in public waste receptacles. It shall be unlawful for any person to place the following prohibited materials in any receptacle that is used for the collection of waste on the street or other public places: any hazardous waste, hazardous substances, household hazardous waste, biohazardous waste, sludge, pharmaceutical waste, pressurized containers, combustible or explosive material, construction waste, electronic waste, hot ashes or embers, human excreta (excluding diapers), animal manure (excluding household pets), dead animals or portions of dead animals, automotive waste including tires and batteries, grease from restaurants or other business uses, liquids, appliances, earth, tree stumps, asphalt, brick, concrete, bulk items, and similar materials. It is also unlawful to use any such receptacle for general disposal of refuse in large volumes. Sec. 78-18. Picking through contents of town-issued refuse cart or town-owned dumpster. It shall be unlawful for any person to pick through, handle or interfere with the contents of any town-issued refuse cart or dumpster under the provisions of this article. Employees of the town 17 or other governmental agencies involved in duly authorized investigations shall be exempt from this prohibition. Sec. 78-19. Interfering with employees in removal of material. It shall be unlawful for any person to interfere with, hinder or obstruct the employees of the town in the removal of any material set out for removal under this article. Sec. 78-20. Removal of refuse, rubbish or waste by town. If any person violating Sections 78-11 and 78-12 fails to remove such refuse, rubbish or waste after five days' written notice, the town shall remove the same and the violator shall pay the town the cost of removing the same. The cost of removal shall have no bearing on, or connection with, any punishment, fine or court cost that may be imposed. Sec. 78-21. Screening of Private Dumpsters. It shall be the duty of the owner of any container, can, dumpster or other receptacle designed for disposal of refuse, except public waste receptacles or town-issued refuse carts, to enclose such container, can, dumpster or other receptacle in accordance with the town’s zoning ordinance. Lids shall be kept closed on all such carts, cans, dumpsters and other receptacles for refuse except when being cleaned, filled, or emptied and such carts, cans, dumpsters and other receptacles shall be maintained in a location and manner that will not constitute a nuisance to adjoining properties. Sec. 78-22. Coordination with mandatory refuse recycling program. (a) The town has established a mandatory refuse recycling program by the adoption of the town council of Ordinance No. 523 on March 6, 1990, the same being incorporated in the town Code as article II of this chapter. (b) This chapter shall be read and interpreted in keeping with the provisions of the mandatory refuse recycling program. The town manager shall resolve any conflict with respect to particular owners, sites for collection, location of containers and variances required for the efficient and effective operation of refuse recycling collection services for the residents, merchants and business people of the town. Secs. 78-23—78-40 - Reserved ARTICLE II. RECYCLING Sec. 78-41. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 18 Recyclable materials mean those items identified in regulations by the town manager as recyclable and acceptable to the town for recycling. Sec. 78-42. - Collection of recyclable refuse. (a) This section applies to occupants of single-family homes and multifamily dwellings and to commercial establishments from which the town collects refuse. (b) A person shall not place recyclable material designated by the town manager for recycling collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless material is unsuitable for recycling. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recyclable material will not be collected on that day if: (1) Weather conditions or emergencies have made roadways impassable; or (2) The day falls on a legal holiday. Collection will be resumed on the next following workday. (d) A person shall place the container of recyclable materials on the public right-of-way next to the edge of pavement. The recyclable material shall not interfere with parking or traffic. The recyclables shall be placed next to the curb by 7:00 a.m. on the day of the scheduled collection. After being emptied, the recycling containers shall be removed from the edge of pavement by the occupants by 7:00 p.m. the day of collection. The town manager may designate a single place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recyclable materials. (e) In cases where the public right-of-way is inaccessible, the town manager shall designate an appropriate place near the edge of pavement for placement of the recyclables. Examples of these placements include the foot of driveways, alleys, walkways or steps to the house or the edge of the front lawn. (f) A person shall tie newspapers in a bundle or take other action to prevent newspapers from being blown away by the wind. The bundle shall not weigh more than 25 pounds and shall be placed in the prescribed container provided by the town. On wet days, a person may place the newspaper bundle in a plastic bag such as to protect its contents from weather. (g) The town, as an initial incentive, shall provide a recycling collection container to each residential unit and commercial establishment required to participate in the recycling program. It is intended that the recycling collection container will remain at the location of the residential unit or commercial establishment where it is originally issued. (h) A person shall place recyclables in the collection container provided to residents and commercial establishments by the town. 19 (i) The town manager may designate additional material for residents to include in the recycling collection container. (j) A person shall not use the recycling collection containers for any other purpose except the storing of recyclable items prior to collection. (k) Only the town, its contractor or the person who placed the recycling container next to the designated collection point may recover recyclable materials. No scavenging or unauthorized collection of recyclable materials from the designated collection point shall be permitted. A violation of this subsection shall be a class 3 misdemeanor. (l) The town manager is authorized to amend these requirements and provide special exceptions on a case-by-case basis for individuals who qualify for medically excused services as provided in Section 78-10 of this ordinance. (m) The town manager is authorized to provide for more frequent collection at residential or commercial locations where recyclable materials are generated in such volume as to make more frequent collection desirable and warranted. Each authorization will be made on a reviewable, case-by-case basis. ARTICLE III- PENALTIES Sec. 78-43. - Penalty for noncompliance. (a) Before issuing a criminal citation for an infraction under Article I or Article II of this Chapter, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing the facts of the violation. A code enforcement officer shall issue a criminal citation for the infraction to the responsible occupant or owner. (4) Penalty. Any violation under these articles, except for violation of Section 78-16, in which a criminal citation is issued shall be punished as a class 4 misdemeanor. (b) The following shall apply with respect to infractions: 20 (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a repeat violation. (2) Any individual or corporate owner who receives a citation and who wishes to stand trial shall not receive additional citations until the court rules on the citation for which the defendant is standing trial. (3) In cases where the town manager has determined that extreme danger exists to persons or property or extreme unsanitary conditions exist, the warning notice shall be dispensed with, and the town manager shall obtain a court order to take corrective action. However, nothing shall be construed to prohibit the town manager from taking what action he finds appropriate to protect the public health and safety both under the laws of the town and the commonwealth. (4) The town manager or the manager's representative shall have authority to enforce all provisions of this article. Officers of the police department are deemed representatives of the town manager. BE IT FURTHER ORDAINED, that this Ordinance shall become effective upon its adoption. This Ordinance adopted on motion made by Council Member ________________, seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 15, 2019 Department Finance/Treasurer Issue Finance Committee Summary The Financial Report for the period ending November 30, 2018 has been placed in the Town’s Dropbox and on the Town’s Website. The Finance Committee met on January 7, 2019. The following items were discussed at the meeting: • Update on Water-Sewer Meter Capital Project Plan • Increase Capital Asset Limit to $10,000 • November Financial Statements Attachments November 2018 Financial Report Summary Recommendations Motion to approve the November 2018 Financial Report Town Council Agenda Summary Financial Report Summary November 30, 2018 Revised Revenues 8,194,562 1,838,613 437,601 2,114,453 275,840 115% Accrued Revenue - - - Total Adj. Revenues 8,194,562 1,838,613 437,601 2,114,453 275,840 115% Expenditures 8,194,562 3,723,541 714,287 3,327,178 (396,363) 89% Revenues over/(under) Expenditures (1,884,928)(276,686)(1,212,725) Revenues 33,903 627,249 28,077 38,066 (589,183) 6% Expenditures 33,903 627,249 8,321 35,423 (591,826) 6% Revenues over/(under) Expenditures - 19,756 2,643 Revenues 3,720,200 1,276,353 123,091 1,438,379 162,026 113% Accrued Revenue - - - - Total Adj. Revenues 3,720,200 1,276,353 123,091 1,438,379 162,026 113% Expenditures 3,720,200 1,637,930 317,125 1,424,096 (213,834)87% Operating Expenditures 3,720,200 1,637,930 317,125 1,424,096 (213,834)87% Revenues over/(under) Expenditures (361,577) (194,034) 14,283 Revenues 409,764 170,708 34,147 170,735 27 100% Expenditures 409,764 173,537 34,421 124,975 (48,562)72% Revenues over/(under) Expenditures (2,829) (274) 45,760 Revenues 12,358,429 3,912,923 622,916 3,761,633 (151,290)96% Expenditures 12,358,429 6,162,257 1,074,154 4,911,672 (1,250,585)80% Revenues over/(under) Expenditures (2,249,334)(451,238)(1,150,039) Meeting Date January 15, 2019 Department Council Issue Appointments to Boards/Commissions/Committees 1. Roanoke Valley Regional Cable TV Committee Summary The following appointment needs to be considered by Council: Roanoke Valley Regional Cable TV Committee Mary Beth Layman has resigned from the Cable TV Committee effective December 31, 2018. Sarah Reid of 236 Gunn Avenue has submitted her application and is interested in being appointed to complete Ms. Layman’s unexpired term beginning January 15, 2019 and ending August 31, 2021. Attachments None Recommendations Motion to re-appoint Sara Reid to the Roanoke Valley Regional Cable TV Committee to an unexpired term beginning January 15, 2019 and ending August 31, 2021 Town Council Agenda Summary Meeting Date January 15, 2019 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (3) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property located on South Pollard Street and Cedar Avenue for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as amended, for discussion of contract negotiations with Roanoke County, namely the Gain Sharing Agreement. Summary None Attachments Certification of Closed Meeting Recommendations No action required Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 15, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by _________________ and seconded by ____________________ with all in favor. ___________________________________ Clerk of Council