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HomeMy WebLinkAbout1/15/2019 - RegularBradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 15, 2019 AGENDA Consideration of: Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 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 1 ^ Receive public comments ° Council/Planning Commission discussion and questions b. {}|0S8 Public Hearing C. Planning Commission to make a recommendation d. Council 1Oconsider adoption Of8DOrdinance J. ADJOURNMENT OF THE PLANNING COMMISSION L. TOWN MANAGER 1. BRIEFINGS a. Further briefing on proposed Ordinance to repeal /\din|e |' In General, and Article U. R8uvcing, of Chapter 78, Solid VV@Gt8, in its entirety by adopting and enacting Article 1. In General, /\rti[J8 ||, Recycling and Article III, Penalties CfChapter 78.Solid Waste, ofthe Town Code —Joey Hiner 2. ITEMS REQUIRING ACTION 3. COMMENTSNUPDATES M. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee — Anne Cantrell N. MAYOR 0- COUNCIL P. APPOINTMENTS TOBOARDS/COMMISSIONS/COMMITTEES Roanoke Valley Regional Cable TV Committee Q. CLOSED SESSION Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (3) of the 1950 Code of Vlrginha, as unnended, for discussion or consideration of the acquisition Ofreal property located 0nSouth Pollard Street and Cedar Avenue for @ public purpose, where discussion in an open meeting would adversely affect the bargaining position Ornegotiating strategy Ofthe public body. 2. Request to Convene in C|OSHd K08Hhng, Pursuant to Q 2.2-3711 (A) (29) of the 1950 Code of Virginia, as annended, for discussion of contract negotiations with Roanoke County, namely the Gain Sharing Agreement. S. ADJOURNMENT KA NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 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 3 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 3 Town Council Agenda Summary 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 MINUTES OF REGULAR MEETING OFV|NTC)N TOWN COUNCIL HELD /\T7:00 P.M. {]NTUESDAY. [)ECEMBER 18. 2018. IN THE COUNCIL CHAMBERS OFTHE V|NTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD GTREET, V|NTON, VIRGINIA MEMBERS ABSENT Bradley E.Grose, Mayor KBithN. Liles, Vice Mayor Janet Scheid Michael W. Stovall Sabrina McCarty Robert &Patterson VViUiarn E. Booth Robert VV.Benninger David R.Jones Keith N. Liles STAFF PRESENT: Barry VV.Thompson, Town Manager 8US@O N. JOhOSOO' E&eCUtime/\SSiSi@Ot77OVVO Clerk Jeremy Carroll, Town Attorney Pete Pet8rS, Assistant Town yW@n@g8r/Oirector Of Development Anne Cantrell, Treasurer/Finance Director Joey Hiner, Public Works Oin9StOr Thomas Foster, Police Chief /\Dit8 MCK8i||8D. P|8ODiOg & ZODiOQ C>i[CCtO[ Mary Beth Layman, Special Programs Director Ch88ib/B8rbOur. Facilities W18n2gHr FabricinDrunoond.Assistant Police Chief Valerie Cummings, Detective Sergeant Nathan McClung, Principal Planner The Mayor called the joint work session to order for 8 briefing of the final draft of the Public R8G|rn Design Guidelines and the Action Plan for the DOVVOk}Nn Ud]@O Development Area /UDA\. and the framework for the zoning and subdivision OFdiO8DCeS meViSiODS- Anita K4CMi||8D introduced V|8d G8V[i|OViC with EPR-PC and Max Pastore with RhOd8Side & H@RNe||. the two CODSU|i8DtS who provided the prOf9SSiOn8| consulting services. Mc G8vrlovic commented that the Town received the first UD/\ Grant to establish Urban Development Areas and this is the second one. This is 8 State pnOgn8Dl and OO TOVVO funds were expended for the grant. Mr. GGvri|0viC next Sh8[0d 8 POVV8rPOiDt pneSeD[8UOO OD ViDLOD UD/\a— Round ||. (Acopy ofthe presentation is On file in the Town Clerk's Office and will be rnGd8 @ part of the permanent record.) Economic 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 that they be mandatory across all districts. Mr. Booth next asked if there were recommendations for certain species. Mr. Gavrilovic responded no, but they would recommend the standards set by the American Nursery & Landscape Association. Mr. Jones asked if the mandate for medical pods approximately three years ago would go along with the Accessory Dwelling Units (ADU), recommendation. Mr. Gavrilovic responded that a lot of people use ADUs to provide for family members or individuals they are caring for. However, the medical pods would be independent because the state legislation has specific requirements and that provision should remain in the Town Code. Council Member Scheid commented that we will need to have some discussion at a future time about AIRnbs and VRBO because this would begin to more easily allow ADUs and they would become more popular. Council Member Scheid next commented that these are recommended guidelines and nothing would change our current zoning ordinance at this point in time. Ms. McMillan responded that 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 ordinance to see what changes need to be made. There was further discussion on the requirement for the owner of a primary dwelling unit to live on site in order to build an ADU. Mr. Pastore next shared a PowerPoint presentation on the Downtown Public Realm Design Guidelines and Downtown Action Plan. (A copy of the presentation is on file in the Town Clerk's Office and will be made a part of the permanent record.) Council Member Scheid asked how we would incentivize people to make fagade improvements to their buildings. Mr. Pastore responded that you could require property owners to use these guidelines in order to participate in the fagade grant program in downtown or begin to 2 iDlDkeDlert more k}C8| historic districts. There was further discussion On h0vv to use the guidelines. MG. McMillan C0rnrn8ntgd that most of the time when SO[DeOD8 CODleS in about the f8g@de grant they ask if we have any iOCeDUV8S. We tell them that if they meet these guidelines they can get up to 5096. so at least we have SODleihiDg they can show tOtheir architect. The Mayor called the regular meeting to order at 7:15 p.m. The TOVVD Clerk called the n]U with Council Member GCh8id, Council Member Gt0v8||, Vice W18y0r Liles and KVGyUr Grose 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, "Often when you think you're at the end Of something, you're at the beginning Of something Council Member Scheid made a mmm0mm No approve the Consent Agenda as presented; the 0OtiOD was seconded by Vice Mayor Liles and carried by the fO||OVViDQ VOie' with all DlHDlbe[S voting: Vote 4-0; YHGS (4) — Scheid, Gt0vG||, Liles, Grose; Nays (U) — None; Absent (1) - McCarty. Under awards, introductions, presentations, Chief Foster made brief comments and introduced M8ndi8 R@rnir8z, the new R8C0ndG Manager inhis Department. The next item was the recognition of Mary Beth Levnl8n. Special Pn]gr8rn8 [)irHCtOr, who would be retiring from the Town @tthe end Of2O18. COUOCi| Member Stovall read a Proclamation and presented it to K8S. Layman. The Mayor presented MG. Layman @ print of |@ndrn8rhS in the Town and made comments. After comments from other yN8mb8nG of Council and former Vice Mayor H8n3 in the audience, MG. Layman no8d8 C|OSiOg COnODl8O[S. Approved minutes of Regular Council nn88hnA of December 4, 2018; adopted ReSO|UUOD NO. 2278 @ppnDph8bDQ funds in the amount of $2.938.77 in the General Fund to the Senior Recreation Program 8CCOUOt for two |UDCh8OD 8meDtS for participating nnernbene of the Senior Pr0Ar8rn and R8SO|uUOn No. 2277 appropriating funds in the amount of $30'000.00 F8CeiV8d from the Virginia Department of Housing and Community Development ([)HCO) for an Urban Housing Rehabilitation P|8OOiOQ Grant in the General Fund to the CCD Neighborhood Grant account Under citizens' comments and petitions, Matt Hare 0fAreoun@Drive, expressed his appreciation k}Town staff for their work during the recent snow event. The next item on the agenda was the consideration ofpublic comments concerning the proposed rate changes for the ViDLOD VV8[ K88no0hG|. the {}h@d8G R. Hill Community Center and Contractual PO|iCH G8rviC8S for the Vinton PO|iC0 Department, effective January 1, 2019. The Mayor opened the Public Hearing Et7:41p.nn. Anne C8O[red| CO0OQeR[ed that the War Memorial currently has a per person adopted rate structure. Staff has pnUpOSHd 8 fixed-rate schedule, which can b8advertised Onthe vv8bSit8and would allow more flexibility based OD8O8-hOU[O[4-hOU[block. There is also an hourly, vv88hdGy and weekend r8|8 in addition to @ wedding or special event rate. With regard tOthe Community Center, K4S. C8Oine|| commented these rates are a slight increase from the current n3t8 and include @ resident rate of $50/hOUr. @ OOO-FeSid8Ot rate Uf$8O/hOUrand G frequency rate of $35/hour. Both of these rate schedules include 8 10% discount for Town employees, non-profit organizations and veterans. With PeQ8nd to CODtr8CtU8| police SerViC8S' K4S. Cantrell CVrnm8nt8d that they checked with neighboring jurisdictions and |O0k8d at our CVSt8. Currently we are Ch8[giOQ $42.00 per hour with 8 two hOU[ [OiOi[DUOO and staff is requesting to increase the rate t0$4O.00per hour. Council Member Stovall asked what the rate would be for 8 wedding during the week at the VV8[ M8nnOh8|. M8. Cantrell responded that they are charging the business rate. Council K49rnb9r Scheid commented that the Finance Committee has reviewed the rate schedules and itiSimportant that our police officers working an event get paid the same 8Sofficers from 8neighboring locality. Public Hearing opened HeGhOQ O0further comments, the Mayor closed the Public Hearing at 7:45 p.m. Public Hearing closed Council Member Stovall made Gmotion k}adopt the Resolution approving the Rental Rate 8Ch8dU|e for the Vinton VV@[ K4eDlUhG| as presented; the motion was seconded by Council Member Scheid and carried bythe following vote, with all members VObOg: Vote 4-0; `/88S (4) — Scheid, St0v8U, Li|eG, Gn}S8; Nays (0)— None; Absent (1) - McCarty. Adopted R8SOuUOn No. 2278 approving the Rental Rate Schedule for the Vinton War Memorial Vice Mayor Liles made 8 0OdOD to adopt the R8S0|uh0n approving the Rental Rate Schedule for the Ch8d8S R. Hill Community Center as presented; the motion was seconded by Council Member Scheid and carried bythe following vote, with all rn8rnberS voting: Vote 4-0; Y8@S (4) — Scheid. 8toveU, Liles, Grose; Nays (0)— None; Absent (1) - McCarty. Council Member Scheid made 8 mnOUOn to adopt the Resolution approving the increase in rate for contractual p0|iC8 G9rviC8G as presented; the motion was 8HCOndHd by Council Member Stovall and carried by the fO||OVViDg VOte. with all members voting: Vote 4-0; Yeas (4) — Scheid. 8k)vGU, Li|8S, Grose; Nays (0) — None; Absent (1) - McCarty. The next item on the agenda was a presentation of the June 30. 2018 Comprehensive Annual Financial Report bvBrown EdYV8[dS & CODlp@Dy. LLP and consider adoption of 8 Resolution approving and accepting said Report. Anne C@ntn8|| 0Vrnnn8nt8d that Bn}vvn EdYV8FdS has put 8 lot work and effort in our Audit Report and it was presented to Our Finance C0rnnnitt88 this afternoon. K4S. C8ntn8|| next commented that we did have 8 C|e2D report this year and then turned the meeting over to Travis MC Gilmer first CODlDleOted that this is the required public presentation of the audit for 2018. The nasu|La of the audit and related deliverables were discussed iDgreat detail iOthe Finance Committee nn88Ung earlier today. This year was very challenging because of the implementation Of 8 very significant accounting standard and the State got the information to them |8t8. The Obi8Ctiv8S of the audit are k]opine 0nthe financial statements and DD[Op|i8DC8 with |@VVS and negU|8tiUOS that are 08ie[i8| to the fiD8DCi8| S[8[e08OtS. The n8Gp0nSibi|ib/ d09S not include fraud protection un|8SS it is rn8t8ri8| k]the financial St8&3rn8ntS and they also provide connnoenba and suggestions for management |Oconsider. K8r. Gilmer next COnlDl8O[ed @ Cke@D OpiOk]D was issued and that the Town did receive the GFC)A 8vv8nd again. The first part of the C/\FR is the management discussion and 8D8|ySiS. which is good UVerVi8VV Of the OUOle[iCS and what happened inthe Town this past year. Adopted R8G0|ub0n No. 2279 approving the Rental Rate Schedule for the Charles R. Hill Community Center Adopted ReSO|UUOD NO. 2280 approving the inSr88S8 in rate for contractual D0|kc8 K4[ Gilmer next ReVeVV8d SeVe[@| Se[tiOOS of the C/\FRbeginning with page 8showing the Balance Sheet for the General Fund. The unassigned fund b8|@D0e is at 8 healthy level with @ slight iOCne@Se from |@St year. They always |OOk at how OO8Dy months 0fexpenditures the Town could pay for out of fund b8|8OC8. The O8UOO8| GV8F8ge is two and the Town iScurrently 8t448.more than double the national average. On Page 14-15. in terms of the Water and Sewer Fund, the change innet position for the water and 88vv8r and SfOnnvv8t8r are both pVSdUv8, which means both funds were able togenerate enough fees to cover their own expenses. K4[. Gilmer reminded Council to keep up with their rate inCn8GSeS. Over the past five years the funds have been self-sufficient. Mr. Gilmer next referred b] Page 44. which related to the pension with VRS. Last year it was 8pp[OXiDl8[e|y $2.5 ORi||iOD and this year it VVeDL down to $14 DliUiOD. The [DG[k8i did F8@||y well last year and the results are measured a year behind. The TOVVO is only required to contribute the rates set by the VIRG, which is what every SinA|8 |0C8|itv is doing. On PGA8 47, is the new {)PEBstandard for this year. With VIRGthere are other post -employment benefits such as health iDSU[8DC8 CP8dif' group liability, disability, etc. These were always buried in the notes previously, but this St@Od8nd neOOOV8d them from the notes and put them Onthe face Ofthe financial statement to show the actual numbers associated with these items. p8gH 80 shows the i0p|iC@bOO of this new standard Oneach 0fthe three funds. M[ Gilmer next referred b} Page 78'which showed the principal vv8tHr and SHvver CuSf0rnen6 and shows that the Town iSdiversified and not all 0fthe [BV8OUe is COOOiDg from one SiDQ|O CUStO[De[. Also, on Page 03, there is a segregation of duties C0rnrn8nt, which dates back t0over 11 y8@nG ago. The Town has done 8 great job with this as best they can, but there are DO other findings that we had this year. There is also an audit committee letter and 8 management letter as well as 8 fiD8DCi8| 8DG|ySiS. The Mayor and Members of COumj| expressed appreciation to the Finance Department staff and Brown Edwards and made comments OOthe good report. n. 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- Adopted Resolution No. 2281 approving 0; Yeas (4) — Scheid, Stovall, Liles, Grose; Nays and accepting the June 30, 2018 (0) — None; Absent (1) - McCarty. Comprehensive Annual Financial Report The Town Manager wished Council a Merry Christmas and a Happy New Year. Under reports from Council Committees, Anne Cantrell first commented that the Finance Committee met today at 2:30 p.m. At that meeting, Brown Edwards reviewed the CAFR. Information was provided on an upgrade to our 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 cover this cost or come back to Council for an appropriation. The Finance Department has been given notice by our current provider for our animal license software that they will no longer cover us after April 1, 2019 and they are researching other options. The Senior Program Budget and the Housing Grant Budget appropriations approved under the consent agenda were reviewed. The sales tax legislation was not discussed at this meeting. With regard to the October financials, the cash position looked very good in October, but was slightly inflated due to the $450,000 we moved out of the CD back into the checking account for the purchase of land. The total cash and investments in the General Fund was $2.4 million. The Grant fund was negative $32,000 due to waiting on a reimbursement. In the Utility Fund, we were at $1.1 million in cash and $713,000 in investments with a total was $1.89 million. We did have cash available in the Stormwater Fund of $48,000. The total cash and investments at the end of October was approximately $4,300,000. Ms. Cantrell next commented that with revenues we received 105% of the budget expectation. A good piece of that was sales tax which was $27,000 above what was expected and property taxes are coming in faster than anticipated. Two areas that are being watched that are under target are the fines and forfeitures and charges for services. We are still waiting on some reimbursements for the Grant Fund. In the Utility Fund, we projected $1.1 million and we brought in $1.3 million, which was $152,000 above target. We feel that part of this has to do with meter replacements, more accurate readings on consumption and more timely payments being received in the office. With regard to the Stormwater Fund, we are right on 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 Fund which is mainly due to the Glade Creek Grant that is outstanding for Phase 11 of $510,000. There is a chance we may be getting close to a single audit in the near future. In the Utility Fund we are at 85% of the budget expectation. We had expected to spend $1.3 million and we only spent $1.1 million, which is due to vacancies are in the departments. The Stormwater Fund is only at 69% of budget expectations which is also due to vacancies and the timing of some projects. The last item discussed at the Finance Committee was the budget calendar. We have created a target to try and have the FY2020 budget adopted on May 21, 2019. Council Member Scheid made a motion to approve the October 2018 Financial Report as presented; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) — Scheid, Stovall, Liles, Grose; Nays (0) — None; Absent (1) - McCarty. The Mayor commented on the success of the Christmas parade, the State of the Town and the ribbon cuttings for the OTB and Blue Valley Vet located in the HIVE. The Mayor also wished everyone a very Merry Christmas and a Happy New Year. Comments from Council: Vice Mayor Liles commented on the success of the parade and the Holiday employee lunch. He congratulated Anne 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 momentum of the Town going into 2019 and we have a lot to be proud of. Both wished everyone a Merry Christmas. Approved the October 2018 Financial Report n 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 14t" Council Member Scheid commented that she wanted to continue the theme of progress and all the things that are happening in the Town and mentioned a series of editorials that were in the paper recounting an article in the Atlantic Magazine written by James Fallows. She then commented that the article spoke about how much faith and positivity there is at the local government level compared to the federal government. Two 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 really provides a lot of stability to local 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 steps is critical. Vinton has in the past and 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 at 8:25 p.m. Meeting adjourned 9 Bradley E. Grose, Mayor FWANNU*11 Susan N. Johnson, CIVIC, Town Clerk im Town Council Agenda Summary Meetinii 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 Fourth Quarter Report rwresented by: Fabricio D. Drumond Traffic Stops Traffic Summons 500 471 250 120 208 IM 400 P� 336 200 V 100 300 1.50 90 65 111 60 200 1 00 40 100 29% decrease I 1 50 47% decrease 20 0 0 1 :� , , 0 Oct-17 Oct-13 Oct-17 Oct-18 Calls for Service Drug Cases 1300 50 45 100 94 1253 1250 40 74 so 1.200 9 30 23 60 �1164 20 40 1150 10 20 17% decrease 1100 0 0 Oct-17 Oct-18 Oct-17 Oct-18 � Oct-17 Oct-19 DU I Arrests YTD !: Oct-17 Oct-13 ILW rOVETIN RUN KI- I i U418 Traffic Stops Traffic Summons 450 415 250 so 400 198 78 350 200 76 300 74 i5o 72 250 215 200 100 94 70 67 68 150 66 i0o 50re 64 so 48% decrease 53% decrease I 62 0 0 60 Nov-17 m Nov-18 Nav-17 m Nov-18 Calls for Service Drug Cases 1400 40 35 100 1155 1200u, 95 1000 949 30 27 90 800 20 85 81 600 80 400 10 75 200 18% decrease 0 0 70 Nov-17 adNov-18 Nnv-17 0 Nov-18 Overall Criminal Arrests 78 M : Nov-17 fx, Nov-18 DUI Arrests YTD r� Nov-17 M Nov-18 Traffic Strips Traff is Summons v r ll Criminal Arrests 500 450 180 169 90 7 1.60 80 140 70 0 120 60 300 100 50 200 177 80 40 60 55 30 100 40 20 % decrease I 0 ( a 67 / decrease I 10 23 % decrease ( 161 I I 0 Uec 17 Dec1-8Dec-17 Dec-18 Dec-17 Dec-18 Calls for Service Drug Cases DUI Arrest YTD 1400 1229 29 100 99 23 1200 28 1000 833 27 95 800 26 600 25 24 0 90 -" i0 24 20 32 % decrease ( I 23 ( 14 % decrease 0 22 I I 85 Dec-17 Dec-18 Dec-17 Dec-18 Dec-17 Dec-18 Highlightsfrom Quarter4 Statistics * Total Calls for CAD Incidents: 2,944 * Total Reports Written: 336 * Traffic Stops: 728 * Traffic Summons Issued: 260 +► . r .. ,� ]VIE wit• _._�,.�_..,.�,. AM%, uriminal Investigations Division Report * Total Cases for October — December Quarter: 13 * Open Cases: 6 * Closed (all): 7 Animal Control Quarterly Report Animal Ordinance Attick Aninial Attack Person Barkino Bear crueltv De�id Animal in road Dog At Large Injury/Sick Livestock Neglect Snake Strav Trap Calls I,Vildlife Total CAD Incidents: 118 MI, 4 14 10 0 0- 0 10 (;ode Enforcement Report 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 Open: Closed:4 Town Council Agenda Summary Meetinii 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 Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 Naess-44 OtW4~ R Volunteer Truck hours was 473 of 492 possible hours for 96 % Had 2 units marked up 39 hours y We had a unit in service 96%of the volunteer time y 246 Total Calls 0 101 career hour calls Monday thru Friday 0600-1800 0 145 Volunteer hours calls light, weekend. Call Break Doman 0 137 ALS Calls 0 62 BLS Calls 0 18 Service Calls 0 17 Fire Calls 0 6 Accidents 0 4 Assist Rescue Calls 0 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 Levis-1 o Bedford -2 o Botetourt-1 o Roanoke City -1 Medic truck marked up 78 %and a BLS Unit 22 % y Responded to 109 out of 145 calls doing volunteer hours 75% y Handled 103 out of 145 calls doing volunteer hours 71 % o Out of the 36 calls career handled 0 31 were 2� emergency calls 0 3 No Truck In service 0 2 Self- Dispatched Fractile Response • Average . •+ • 1 eco • 1615 man hours for the month of December Total of 399 transports o Career 84 o Volunteer 61 (-4 00 00 1�0 60% 0, Ln 00: 00 m 00 00 1.0 50% T 11 40% 30% 20% 10% 0% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec � 2nd Truck R Percentage Hours Possible Hours Up 101 Percentage of Unit in Service 100 100 100 100 100 100 100 99 99 99 99 99 ninnnin 98 98 ........ ......... 97 it inn inn 4n ., 96 96 ..._ ngnnnnnfln ann ni mill Aninininil 95 ... .. ni 94 ............. :: ............ ......... 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% 90% 0) 1�zr N ko 00 0) N m r1l en m r-4 C14 r-i rq r-4 80% 70% 60% 50% 40% 30% 20% 10% 0% tzn �=nc: ........... 0 cv Ln r-4 Ln v-4 rN r-q T-4 lit r-1 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 W; DAYLIGHT CALLS 06-18 TOTAL W 140 137 120 100 .. ........ 80 62 60 40 18 20 0 ALS 246 Total Calls m 6 4 2 0 0 No mawm- MKMWMAF.� ACCIDENTS ASST RESCUE REHAB STANDBYS TEC RES Roanoke County Stations Assisted December 2018 M 25 24 20 15 10 3 2�0 W 0 0 0 0 0 0 0 M, Call Location December 2011 M 1=1 2 Bedford Botetourt N 120 ALS/BLS percentage of truck mark up- ALS is perfereed 3� 92 78 ALS BLS 2 Aug Sep Oct Nov Dec 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 Calls Dispatched that the crew responded too 160 140 m I;t r r4 — 00 0 Ln r-4 120 -00 rn ----------- r-4 t.0 0 0 Ln 0 rH 100 rn 00 80 o 60 40 li 20 en Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov kw 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 Calls Dispatched Calls Handled 160 140 � 120 T � � 100 � OU 60 — 40 20 ]an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 129 134 122 131 132 116 138 139 112 125 110 145 1533 100 106 106 107 115 91 106 101 95 107 79 103 1316 Calls that were disptachedthat the vu|unteercrew handled Ln 0� � � rm L] � � U M� —�--�� —�V—'VP m. � —� ,� —�-,n' —� - 9wCalls Dispatched Calls 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 3000 2500 2000 1500 1000 AG C 2406 Man Hours Man Hours Average Response Time Average Reaction Time Fractile Response Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 6.17 5.39 5.49 5.5 6.07 5.57 6.21 5.32 5.31 6.1 6 6.89 0.51 0.48 0.41 0.48 0.52 0.52 0.55 0.43 0.43 0.55 0.61 1.02 9.5 8.17 9.47 9.25 9.85 9.25 8.76 9.17 9.12 9.73 9.65 11.15 Response Times 12 io 9.85 9.73 9.65 9.47 9.25 1 9,25 9,17 9.12 8.76 8.17 8 an Ln 00 0 Ap AG C? Me erage Respon r. Q0 und 1!nE IIIIIIIAI Oil InfillAIM rN HI i IN Jun ju 3e, Tme Average. Reac Lri f oloumlo IIHIIII I Eli Illl 22: 22: Aui Jun Time sk sef w Fractile Res k-6 Ln cn to Oct Dense a 'D Nov Pw� I. om Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 2� Q.-4. FV 15-11 bjoR Volunteer Truck hours was 1382 of 1416 possible hours for 99 % Had 2 units marked up 179 hours y We had a unit in service 99%of the volunteer time y 700 calls 0 320 Career hour calls Monday thru Friday 0600-1800 0 380 Volunteer hours calls Night, weekend. Call Break Dmn o 399 ALS CALLS 0 159 BLS CALLS o 48 SERVICE CALLS o 46 FIRE CALLS o 22 ACCI DENTS o 17 ASSIST RESCUE CALLS 0 7 STANDBYS 0 2 REHAB CALLS 0 2 TECHNICAL RESCUE CALLS Call Location 0 Medic truck marked up 84 %and a BLS Unit 16 % r Responded to 303 out of 380 calls doing volunteer hours 80% r Handled 289 out of 380 calls doing volunteer hours 76% o Out of the 91 calls career handled 0 67 were 2nd emergency calls 0 14 when we only had a BLS unit o 6 no truck in service o 4 Self Dispatched .tile Response tirne was > 4971 rnan hours for the month of August :- Total of 372 transports o Career203 o Vdunteer 169 Currently have 47 members with ? applications pending • .► EMTS • 1 Advanced BVTF • 11 Medics • 12 In Training • 1 DiverOnly Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 2019 box P Volunteer Truck hours was 5610 of 5666 possible hours for 99 % Had 2 units marked up 1271 hours y We had a unit in service 99%of the volunteer time y 2714 calls 0 1181 Career hour calls Monday thru Friday 0600-1800 0 1533 Volunteer hours calls light, weekend. Call Break Don 0 1513 ALS CALLS o 578 BLS CALLS 0 198 Fire Calls 0 149 Service Calls o 128 Vehicle Accidents o 83 Assist Rescue Calls o 33 Standbys 0 18 Rehab calls 0 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- ■ Hdlir&13 ■ Masons Cove-12 ■ Cave Spring-5 ■ Clearbrook 5 ■ Fort Lewis-2 ■ Bent Mountain-1 ■ Back Creek-1 o Bedlford43 o Roanoke City-36 o Boteto urt-8 0 Franklin-1 > Medic truck rrerked up 91 %and a BLS Unit 9 % Responded to 1265 out of 1533 calls doing volunteer hours 83% y Handled 1216 out of 1533 calls doing volunteer hours 79% o Out of the 317 calls career handled 0 246 were 2-d emergency calls o 33 wtm we only had a bis unit 0 16 No truck In service 0 15 Self Dispatched Fractile Response tirre was • Average ReactionTim--.54 Seconds y 23227 Man hours for the rronth of August y 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% Unit in Service Possible Total Calls Mon -Fri Calls Night Calls Medic Truck Mark Up Man Hours 2017 2018 Diff +/- 5559 5610 0.92% 5660 5666 0.11% 2608 2714 4.06% 1146 1181 3.05 1438 1533 6.61% 86% 91% 5.81% 23469 23227 -1.03% Town Council Agenda Summary 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: httDs://www.vintonva.,aov/index.asox?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 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, 201 R; and WHEREAS, a joint work- session of Town Council and Planning Commission was lie' on December GuidelinesDesign i 1 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 2 / \!�\/ \ >/)\/ \ /)/ =30 W.Po�_k W.I., Wall cI =_ go.. . 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Improving Downtown A. 0 Open Space , i ! I I - : :t ' 7 n , j ',P'A �-Al -M. I I wommm =1 ""^^ 'If ,=^`°.`.�.`° tvy s C�� Town Council Agenda Summary Meetine 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 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: LA • _. _ •. Unless tl,^MA rsi c.pesifieally pfo=vid^,a�ivlrtio„ f f this^chhapter Fall ate a etas 'I mi5d W0WFWrTMKWW1W9 1 {a�—�t shell be , of „laee of buss. s in the town to pfo e, at all �ws-,--Ruitable and -s to ent Janit-ar� reuse e0fit i cr ,N'liioh -.hall be-4aal,p.00 f with tightfitting a handles, a eonjunezi^„ with s h „taro fs the f „taincrs, such as p ustic hags, qf adequate stfength to hold andteiu all garbage and quid sub:,ta*ecs,, and wh cr rubbish : zay be mod (b) Eaeh owner-, lessee or- oc-eupant of ever-y r-esidenee and ever-y building or- plaee of business shill—depo- t, in the—eGntainorf; requiresthis seoian, any re Atse, garbage, i bst nee „d rubbish of any soi4 to be eolleeted and disposed ofi MU- - - - - - • -Ia.:.�/�'1'I..:�..�Sn /:.�1�/:..�}��L�I.V :n>•.:�A �A�AT1 I�.I �: : fC��142, § 11 2) See. 74 3. Lae t' of e „tom loeation to the side or- r-eaf of a dwelling house of plaee of business satisfaetor-y to the twwfi and f i stfeetside pfopefty line of at the eur-b fof piektip. if subject dwelling house of plaee 0 businoss ha,- ar, allo�, dir-eetly behind the pr-oper-ty, then in sueh event, refuse eon ahall be maintain2d thefeon for- ready piektip by -fs. Any handieapped (v) NQt�6't1-stcr"g-t�i of subsection (a) of this scct3-Ar�ri�tlie-cen-t:fines section of the e „, the zoningo -.a;,, t5 d `'n, :�� providedee�e�c -art�� u�. pc,.s,,,,s living st-9re;, J,,all piiae. days designated by the toNvn managef f r the eolleetio of -e f se (Cdel-981), § 11 ? ) (a) The twn-mmagar shall bo astl"-iv^-r-'ized to pfom lgate pol ieies, ful es a, -,•a feguliations with r-espeet t refuse eolleetio exeept that the establishment f f ,,a -.hall be the Osponsibilit-y of town eil. Such p lieies f les and r g lations -.-hall b:a intended t pfoteet tl,o pub,lie health, safety and welfafe, to pr-omote good sanitation and eleanliness, and to pr-oteet the environment and shall lx enf fc-cable as if fully set f ,.th be Fein (,(1) Residential —eustomer-s, ineludin single family, dupe5 and Yr.obilehomes, shall reeve once per v, oek fe fuse eolle tion t no r,afge 2 (2) Businesses, apai4ments and ins I i t�hens-ge-n 12 eans, being gallonseaeh, offefuse pef week, -,hall roeeive f=ee ^week „efuse ^lle tion Heavy duty garbage- bags ina), be substituted for--Oar,5. Under- eet4ain eonditions related - to publie health ci cm 61nc to 61nc n -managef,- refuse may be eolleeted more ffequePA4y. T-z rfl event shall mefe-t'han 12 eans-be eolleeted ; any week. (3) All busi„^QQos, apartmean institutions gam futing more an the 12 can pew weed limit -.hall secure a private vendof for- theif eolleetion needs, (e) Refuse that eafifiet be eelleeted in a lead paeker- tfuek, hereinafter- f:6affed to as bull, r stishastree-tranl.s and limbs net to exeeed two feet in diameter., -.hrubbefy trimmings; leawos, bru-.h, applianees, and tur- eolleeted by the town as follows: Any per -so desifing such eolleet;on shall so , the speei ied refuse. All „eh refuse -shall be plr`k6e�1cc—c t the--8urb cr edge street adjoining the pfopefty of the per -son r-equesting the sen,iee. The fefuse -.hall be-plaeeds-o that mail deliver-y and other-sen,iees, and aee-ess to adjoining €-rhos, shall n t be ; ed Bulk ,-ease , „11 not he poked -up in alleys. e shrall be a charge f s eh � 1, amount ;ems is preser-ibed, f ^m time to ;v,�town eouneil, and the requesting the -.hall pu,-s-ttch charge be f fe the fe fttse ; olleeto.i T t t household l i, defined ,� r^a^ ^fir, -. no w s� a ava: E -ass waste tie o hous ous vast , efin ., § 1�14 00, as amen . (e)-(1) D:ahibited itemsineludetree--stumps of r-o balls, dead ani=15, au-tornobil moteieyele parts, fnachm. ' , crial pradtteed in the eonstfueti n-,, ,doling r ^r demolition of buildings, tos, indust.iul plants, pavements and stfuetwes ineluding but „a; limited-4o, lumbe ,conefe c, asphalt, fencing or aIs, pl:�cti���i, piping -and all ot�to� ci..�ilar it€nv, hereide o, i ;,a.�ohel�c��aners, of any ^tl,o, „, ,to,; ,l deemed unsafe for- eo leetion i (h) All Eentfaeter-s, required to be liee-nsed by st-ate4a-w, `vh-o inajo -Vv$�on a propel ,, a ^, uee waste m.,tofial f. om this Noll -.hall be responsible f r femoving the waste f om the pr-opefty and legal disposing of i 1 i an approved landfill o other- f e l;t<, (ado. 411, 3 15 95) See. 1Q S. D ^i,tly matte-: gn highway, fight ^fway of pfiv,,te p peft., (a) Anyporson s?}^11 l,o n,;lt„ ^� oz;�ss 1 who dumps or ^ti, wise .disposes ^r trash, garhage, fefitse, litter- of other- unsightly ma<«an puhlie pr9pefty, ineluding a puhlie highway, fight of way, Pfopei4y adjaeent to sueh highway of right of way, of on (b) Whon any p^rsQ.". is arTested for- a violation of this seetion and the mattef alleged to have been damped of disposed of has been ejeeted ffom a motof vehiele, the affesting offleef ma eomply with the pr-ovisions of seetion Code- of § 16.2 936 ir, making sueh afr-e sueh matt . Hofviover-, sueh pr-esumptio.". dmll be rebuttable by eompetent evidenee. MWEN State Law referenec mnd authority of town to adopt above seetion, Code of Virginia, § 33.1 316-. —4�.— —1yeling r,.-agfam. a mandator-y refuse r-eeyeling pr-ogfam by the adoption iliolred cotmeil of Ofdinanee No. 523 on N4afc-h 6, 19 o saarne bein_qmW:jWo d in the t�A.I. ,:b) This oahal#cr shall b2 ,-ea d and intefpfeted i ep:.,rg the mandatofy refuse r-ee--Iiqg program. Thy t;/Wn m.miag-or dmll rosolve any eonfliet with r-espeet to particular avmefs, sites fof eolleetion, loeation of oontainefs and varianees feqttifed fof the effieient and effeetive- operation of refuse- eolleetion senrimees for- the residents, mer-ehants Any per -son who shall dump of: othefwise dispose of tr-ash, garbage, waste of: other- r-eflise, Of un-.ghtly matter- in any town dttmp, dumpstef-;-dump truok, disposal afea or- vvaste maflagemen4 fac-ility in Nriolation of rules posted by the toNvn mmnager-, or- his d--' t'— -ming the disposg of trash, garbage, waste of othef f eftise-of ansightly matter in any-4u*vp-,dump-.'+c-r-, Jump truck, disposal area or- waste management faeilit), aliall bo, guilty of a c-lass I mUsiemeaflor-. P---gq The following Aro.as ,-4c ms and plimses, when usod in this artiole, shall have the fn asefibed t them in this seetion, exeept whefe the eontext eleafly indieates a differ-ent Re .,table at t� dbd bottles i ; ^ "", '"' ", ^ ro r, b1�,c"sG jam, a ;Hminui� cans, plastic ontainers and any other- .,ddit;.,na ;terns ar, designated b3m manager fC�,,Q2, § 11 21) ■. ..l.I.n See. 78 27. Colleetio ofr-eeyelable refuse. (a) Thi-. 5e tion applies t oecupant-. s-f -.angle fan 4t —homes and multi f fail . wNe ling-. a: -A tOffiffier-eialo�tablichmmz its f om wh i, the town collects r-e f'� person shall not plase=feeble material designated bythe town manager-ar rwyeling eolleetio in a refuse ro ptaele tha4 the t,,, n's eompaetion tfuek eolleet� � r landfill disposal unless nevvspapefs afe oiled of the lla,-;s i-. br9ken. Dirty of soiled p of broken glass or- pai4ially filled eontainer-s are not to be added to the r-eeyelable material (e) The town of eontfaetof of the tov n -htall e^"�ye-;able make fi l oil a shed„le sff i fied by the t wn mm.-iag-m However-, r el.,b.le m^t0rial `Fill n t be eolleeted o tha dam (1) -'Ale thee- ,,d;t; rsor- o 0 es have rr,.,de r .,d,,,, 5 impassable; er (2) Th-o day falls on a legal holiday. Collection will be fesumed on the next following world (d�) A person shall pjazoe the eontainef of feeyel e m-ateri& 9H the public right of -way Hext to the edge pavement. eeyel,bl �at .ri;a �ant interfere parvIsing-er tfaffie. A p on Yhall not glace the r ::tables next 'co the fb be f fe 4:00 p the d „ be€eheseheduledeelleetion. After- being emptied, the r-eeyelingeo ors cl-,all be femoved ffom the edge of pavement by the oeetipants night the day eo'n'eetion. tmvvn mm-nagmay =designate - single plaee next to -the edge of pavement fof fesidents of multifamily dwellings and commefeiale-.tablishments to „!aee ...... to all s In oases whe fe the public right of way is inaeeessible the town man u, -.hall designate an appropri: te plxenear- the edge of vement for- placement of the eeye'abl Exampi2s of these placements inelude the foot of dfiveways, alleys, walkways of steps to the house r the edge of the f nt lawfi. (f) A person -.I-,all ti4-newspaper-. in a bum#e or tax o ^thef aetion to pfevent „ =w-.-paper-. f rY, Doing blow awayJay-the-wind. The bundle 51-,all n t weigh more than 25 pounds and shall be plao-ed in the pfesefibed eontainef pfovided by the town. On wet days, pefson shall place the nevvspaper- 1,o in a plcastie bag suesueh s t pr- teet its , „te is f .,the fg) Th- t3,,vn, as wn initial—ineentivee-,;--sh 1l prgysae a r-eey'-eling eol-leetion eentainerto eaeh fesidential , it and commefeial es t ,'olislimcnt r2quifed t p rtieip to in the reey=el-in program. it is intended that the r-eeyeling eelleetion e0fitain Nvill remain at the l0eation of the fesid tial unit ar al eRtcNi-.hm2nt whefe it is originally-4sstied dal the pri-Ce paid by the town f r the eontainer, A ser-ialnumber- shall identify o Nvh-om. the eofitaincr h,a, been Residents who move into -the -town a€tef the-pro-bram ha-. beg„„ will pttfehase 5 rwyeling „tame - .,t eest f em the t,,,,,,, if the ofiginally isstied „t in was not --le- vvTth-the pfopefty-Resident' may Furcha , additional eon-tai-nne at Sterne recyelable matefials-generated by their household or-ee er-e establirhrnafit if one containef is not suffieient-. (h) A person -.hall pl-ase newspaper,, m.:-baz nos, s, alum. nurn bevefage eans and plastic eentainer in the e lleetion ^ „tame. pfovided t residents an a eommer-eial establishments by the t i town. �r:rss os, bars and u uminur.� can:, �� : -� emptied befofe being placed in the fespeetive feeyeling Gntainer. It is feeoffiffiendedtha alumYcnUrn eans ean be flattened, but this is not r-equir-ed. Glass bottles and jafs should not be 1,foke„ be f fe placement in the eolleetion eontaincr. It is reeommended that Pica -,;is eontainer-s be flattened (depressed) and the eap r-eplaeed to fnaintain the flattened shap-e-. (1) The twn Ynanagef may designate addition mraterial f6f fern crsis to irr^tcude in the {�) <-person -,hall n ther parpose-exeep(k) Only the town, its eontfaetof of the pefson who plaeed the feeyeling eontainef next to the designated eollee icn point may re�er- r-eeyelabl atoria:-s. r;s sU 5eetla n shall a-.;r.r5�i 3 T 1Gdcmcunv"r (l) The manager is a4ho4zed-4o amend these fequifements and pfovide speeial exeeWtions G;i a o ''C5 `vh-o, due toffahealth, ge,inc-apace of handicap, are unable t ^ ,ply with the pfovisions of this Beet ( r.) Theo-vN,.n rnurrag^r is authorized to r ide for- ,r e f equent e lleet; r .,t ,-esidev,tia ^,,,,-,,,- e fei l l e tons where feeyelable material-, are genefated in such velumnc a-, to make more ffeq=uenteolleetio-«able and waffanted. Eaeh-aut-heri on -.rail be made . awable, ease by ease basis-. Seems 28. Penalty nonecmp'ianee. (a) Befefo ir,5uing-a-crk—ninal c4tatieft4or an 1 TuEtion—cirnzer- this urci ,�'b'afnlng nvciee9 shall be given to the fesponsible oeeupant of ow-nef as follows: (1) First-e4ticn. Thy van rr an-ub^r ^r the manager's r-epr-esefitativo wall i;,sue ,tiee to the fesponsible p (24 �eee at��o shall nabeee',l n'eet r the date violation, and the tow ,- the 'r 2sentati c � ss ®., seeond, n mana�^r ^ „ Lr., repr��,, - ra 1.,.,rl., notiee to the pefson rospGnsible. r'�e first adseee"°arnirb no i desefibe violation, ineltiQe instructions f r the pfopef soffing of recyclables ffom refuse e'�ec-uupants of familyheasos, mult-i€a dwellings n � -, F,-om hieb town lleet� fuse ^GmTT',C,re:a e.,ta 1 mC,Tlt� ar.�nr=w'-rcrc-ram rmrrrc^orrvccrrcnroc must ,., i4ieip to i the ro elin prop= and inn ,.Y,, the pefson osponsib:e4er the violation afld fof subsequent violations of the penalty. The arning nstiee shall be per-sonally deliver-ed to the per -son responsible for- the violation or- mailed by eeftified lottof t the .,4 res-, ,,h2fe the violation oeetiffed-. (?; Third vielaticn. The r-efuso ahall nabeeol eeted on the date of the violation, and the teen managof of manag. '' e -,hall pr2pafe an affidavit eitin no the fa^t-ef the violation. A eedeenfer-Eement offie sliall is uz a cr m n-al eitation f r the inn aetion t the responsible occupant per (1) Penalty. Any tien-unflehis aftiele—in whierirnir}u' o4tatten i�, irza ad shall be Punished a a ells it mis r�^anaf, (b) The f-bflca,ing -.1-,all apply with ro eet t inf aet; ns, (1) Fai-ltife to abate -the -eiteviolation at the time o a JulySequent inf aet;on shall stand tf:ial shall not r-eeeive additional eitations until the eouft Fules on the eitatio.n. f r «,high the defendant i5 standingtrial (1' In eases <,he e he t wn : zanan h detefmined that extreme danger- exists t pefsons of pfopefty of extreme unt-anitary conditiands eyt:,t, the ;, shall < „tl, a the toN n rn�nagcr -.hall obtain a ,,,-t o -def t take eefreetive aeti-en—Hwevef, nothing -.hall b2 eonstfued to Nrohih:t thin manager- ffom tAing what aetion he finds appfopfiate to pr-oteet the publie health and safety both undef the laws of the town and the eommonwealth. (4) Throw-t-, rnar} bo, tl,o v,, or�� o�t t;.,o -.rail have authof:;ty t enf all pfovisio^f thiS. artic!2. ofo�eNvn : zanager, rrir�: _ • � T�i�rarci��� ;�111/\ 9111 if tal.41MIS93 01IW7_1,11 li t ARTICLE I. - IN GENERAL Sec.78-1. Definitions. The followin4 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 anv lame item that does not fit within a town -issued refuse cart, including but not limited to a maior household appliance, lame ru4, mattress, bed sprints, or furniture. Brush or shrubbery means tree trimminzs, brush and shrubbery with limbs not exceedin4 six (6) feet in lem4th 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, Il 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). Oranze 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 definefdl in Code of Virginia § 10.1- 1400, as amended. Hazardous waste means "hazardous waste" as definefdl in Code of Virginia § 10.1-1400, as amended. Household hazardous waste means "household hazardous waste" as definefdl in Code of Virginia � 10.1-1400, as amended. Medically Excused Set -vice means specialized collection of refuse or recvclables Generated by all persons residin4 in a dwellin4 unit from a point of collection approved by the town mana4er, but which is not curbside or allev side, such service to be provided due to the ohvsical difficulty or inability of all persons residing in the subiect dwelling unit to transport refuse and recvclables to the curbside or allev. Refuse means anv and all litter, rubbish, �-_arba�-_e, trash, debris or other offensive or unwholesome substance or materials of anv nature whatsoever that is generated at the premises from which it is bein4 collected. Refuse collection set -vice means the collection of refuse, rubbish, trash and ashes by the town. Sludjze 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 manauer uenerally. 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. �3 Sec. 78-3. Other governmental regulations. The provisions of anv 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 re,aulation, 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 mana,2er 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-bv-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 dav designated in the collection schedule for each place desirin,a refuse collection service. Sec. 78-5. Refuse carts to be provided by town (a) Residential Areas. (1) Anv residence with refuse collection service shall be provided one 96-2allon refuse cart by the town unless serviced by a private refuse collection service. Anv such residence may be provided one additional refuse cart and shall be billed for the same at a E 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 96-2allon refuse carts available and thev will be distributed on a first come, first serve basis. (2) If after a 30-dav period, anv householders or occupants of anv residence feel the 96-2allon 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 thev will be distributed on a first come, first serve basis. (3) Apartment houses, condominiums, complexes and other buildings havin4 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 anv 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 tOmmDhv, 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. Anv 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 thev will be distributed on a first come, first serve basis. (2) If after a 30-dav period, anv place of business feels the 96-2allon refuse cart is too lame for their business, thev may request to replace said cart with a 64-2allon refuse cart. The town will have a limited number of 64-2allon refuse carts available and thev 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 96-2allon town -issued refuse cart. 10 (c) It shall be unlawful for anv 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 correspondin4 account information in the records of the town. (d) No paper or pasteboard boxes, plastic bays, etc. shall be used as containers for refuse, rubbish, trash or ashes set for collection. Onlv 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 ba22ed and contained within town -issued refuse carts. Garbage shall be contained in other containers such as plastic bats of adequate strength to hold and retain all 2arba2e and liquid substances. It shall be the dutv and responsibility of every propertv owner, tenant, occupant or agent of anv 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 dwellin,a 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 propertv line or at the curb so that thev can be conveniently accessible and emptied. If subiect dwellin4 house or place of business has an alley directly behind the propertv, 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 thev are to be collected. (c) All refuse carts shall be placed so that mail delivery and other services, and access to adioinin,a 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 dwellin,2 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 11 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 missin4, 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 ohvsically unable to transport refuse and recvclables Generated by all persons residin4 in a dwellin4 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 residin4 in a dwellin4 unit who is physically able to transport the town -issued refuse cart to the locations described in Section 78-7. (2) Any person avolvina 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, includin4 recvclables, generated by those persons residing in such dwelling unit. (3) Any person receivin4 medically excused service must notify the Public Works Department within thirty (30) days, if the person, or any person livin'a in the dwellinz unit becomes ineligible for medically excused service at the subiect 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. 12 (5) Any person receivin4 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 reavolvinz for such service. Sec. 78-11. Other collection services (a) Bulk & Larue 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 lame items such as appliances, furniture, and other lame 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, paddin4, water heaters, olumbin2 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 re,2ular 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, brass, cuttings, weed or hedge trimmings, tree trimmin,2s, branches, limbs or similar matter, nor refuse and trash, from buildin4 operations. (4) Grass clippings must be ba22ed in heavy trade plastic refuse bats and placed at the curb by 7:00 a.m. for pickup on the regular refuse collection day. (5) Bayed 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 vard waste shall be placed so that mail delivery and other services, and access 13 to adioinin4 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 allevs. (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) Anv person, persons, or companv that is contracted to perform such work as cuttin,a trees, trimming limbs, branches, shrubs, and the like, are responsible for haulin'a awav all tree limbs and resultin4 wood waste. (5) All brush and limbs shall be placed so that mail delivery and other services, and access to adioinin2 properties, shall not be impeded. (d) Chartres for Excessive Amounts of Bulk, Larue Items, Yard Waste, Brush and Limbs If amount of bulk, large items, vard 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 awav anv refuse, rubbish, trash, ashes, etc., that are not bn4ed 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) Anv 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, 14 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, gvpsum 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. (2) 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 vard 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 went 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. Illeual dumping; penalty. 15 (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 highwav, right-of-way, property adiacent to such hi6wav or right-of-wav, 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 unsiAtly 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 elected 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 elected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person eiecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (f) Any person convicted of such violation shall be "ilty 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. Emplovees of the town 16 or other governmental agencies involved in duly authorized investigations shall be exempt from this prohibition. Sec. 78-19. Interferinu with emplovees in removal of material. It shall be unlawful for anv person to interfere with, hinder or obstruct the emolovees of the town in the removal of anv 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 pav the town the cost of removing the same. The cost of removal shall have no bearing on, or connection with, anv punishment, fine or court cost that may be imposed. Sec. 78-21. Screeninu of Private Dumpsters. It shall be the duty of the owner of anv 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 bein4 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 adioinin,a properties. Sec. 78-22. Coordination with mandatory refuse recvclinu prouram. (a) The town has established a mandatory refuse recvclin�a 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 keepin4 with the provisions of the mandatory refuse recvclin2 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 recvclin2 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: 17 Recvclable materials mean those items identified in regulations by the town manager as recyclable and acceptable to the town for recvclin2. Sec. 78-42. - Collection of recvclable refuse. (a) This section applies to occupants of single-familv 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 recvclin,a collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless material is unsuitable for recvclin4. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recvclable 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 followiniz workday. (d) A person shall place the container of recyclable materials on the public right-of-wav next to the edge of pavement. The recvclable material shall not interfere with parkin4 or traffic. The recvclables shall be placed next to the curb by 7:00 a.m. on the day of the scheduled collection. After bein4 emptied, the recvclina 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 sinule place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recvclable materials. (e) In cases where the public right-of-wav is inaccessible, the town manager shall desi,2nate an appropriate place near the edge of pavement for placement of the recvclables. Examples of these placements include the foot of driveways, alleys, walkways or step_ s 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 bein4 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 bay such as to protect its contents from weather. (4) The town, as an initial incentive, shall provide a recvclin2 collection container to each residential unit and commercial establishment required to participate in the recvclin2 program. It is intended that the recvclin2 collection container will remain at the location of the residential unit or commercial establishment where it is oriOnally issued. (h) A person shall place recvclables in the collection container provided to residents and commercial establishments by the town. (i) The town manager may designate additional material for residents to include in the recvclin,2 collection container. (i) A person shall not use the recvclinz 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 recvclin z container next to the designated collection point may recover recyclable materials. No scavenain4 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. (1) The town manager is authorized to amend these requirements and provide special exceptions on a case-bv-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-bv-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 manner's representative shall issue a second warninz 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 citin'a 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: 19 (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a reheat violation. (2) Anv 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 dancer 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: NAYS: Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, CMC, Town Clerk 20 Town Council Agenda Summary Meetinii 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 Financial Report Summary November 30, 2018 General Fund 200 Revenues Accrued Revenue Total Adj. Revenues Expenditures Revenues over/(under) Expenditures Grant Fund 250 Revenues Expenditures Revenues over/(under) Expenditures Utility Fund 300 Revenues Accrued Revenue Total Adj. Revenues Expenditures Operating Expenditures Revenues over/(under) Expenditures Stormwater Fund 600 Revenues Expenditures Revenues over/(under) Expenditures Total All Funds Revenues Expenditures Revenues over/(under) Expenditures Revised Adopted YTD MTD YTD Budget Budget Posted REMAINING % BALANCE 8,194,562 1,838,613 437,601 2,114,453 275,840 115% 8,194,562 1,838,613 437,601 2,114,453 275,840 115% 8,194,562 3,723,541 714,287 3,327,178 (396,363) 89% 33,903 627,249 28,077 38,066 (589,183) 6% 33,903 627,249 8,321 35,423 (591,826) 6% - 19,756 2,643 3,720,200 1,276,353 123,091 1,438,379 162,026 113 % 3,720,200 1,276,353 123,091 1,438,379 162,026 113% 3,720,200 1,637,930 317,125 1,424,096 _ .. .: " 87% 3,720,200 1,637,930 317,125 1,424,096 87% (361,577) (194,034) 14,283 409,764 170,708 34,147 170,735 27 100% 409,764 173,537 34,421 124,975 72% (2,829) (274) 45,760 12,358,429 3,912,923 622,916 3,761,633 - " ' .''. 96% 12,358,429 6,162,257 1,074,154 4,911,672 80% Town Council Agenda Summary 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 Vallev Reeional 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 Meetine 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 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