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HomeMy WebLinkAbout3/5/2019 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, March 5, 2019 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of minutes: a. Regular Council meeting of February 5, 2019 b. Regular Council meeting of February 19, 2019 2. Consider adoption of a Resolution appropriating funds in the amount of $12,567 for debt payment of Knuckle boom Truck. 3. Consider adoption of a Resolution appropriating funds in the amount of $1,479.60 received for scrap metal and used oil for recycling to the Public Works budget. 4. Consider adoption of a Resolution appropriating funds in the amount of $35,912.56 for the receipt of an insurance claim relating to mold damage at the Vinton War Memorial. G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Introduction of new Police Officer – Chief Tom Foster Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. Annual update from the Roanoke Regional Partnership – Beth Doughty H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY J. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution approving the 2019-2020 operating budget for the Roanoke Valley Regional Cable Television Committee – Elaine Bays-Murphy b. Consider adoption of an 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 – Town Manager 3. COMMENTS/UPDATES K. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Anne Cantrell L. MAYOR M. COUNCIL N. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: March 4, 2019 – 2:00 p.m. – Finance Committee meeting – TOV Conference Room March 13, 2019 – 8:30 a.m. – 4:30 p.m. – Budget Work Session – Council Chambers March 19, 2019 – 7:00 p.m. – Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date March 5, 2019 Department Town Clerk Issue Consider approval of minutes: a. Regular Council meeting of February 5, 2019 b. Regular Council meeting of February 19, 2019 Summary None Attachments February 5, 2019 minutes February 19, 2019 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, FEBRUARY 5, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Treasurer/Finance Director Joey Hiner, Public Works Director Thomas Foster, Police Chief Nathan McClung, Principal Planner at 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Scheid, Council Member Stovall Liles and Mayor Grose present. Roll call After a Moment of Silence, Matthew King with the Boy Scouts led the the U.S. Flag. Under upcoming community events, Council February 8 – 7:00 p.m. – Virginia Tech v. West Virginia and February 9 – 7:00 p.m. – Virginia Tech v. Stevenson University – February 22-March 12 – 7:00 p.m. and 2:00 p.m. – Husband in Clover – March 7 – 12 Noon – Business Center and March 26 – Senior Expo - Vinton War Memorial. Lucas Dowell that was killed in the line of duty yesterday in Cumberland County. He then read a quote from Albert Schweitzer, “The purpose of human life is to serve and to show compassion and the will to help others”. This was the 66th duty and he became the 14th officer to be killed in 2019. 2 Under requests to postpone, add to or change the order of agenda items, t Requiring Action be tabled After further review, it was determined this needs to go through process. Council Member Stovall motion to table the item to a future meeting; the motion was seconded by Council Member Scheid members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Resolution authorizing the Town Manager Professional Services between the Town of Vinton and VML VACO Finance tabled to a future meeting. Council Member Scheid made a motion to approve the Consent Agenda as presented motion was seconded by Counc McCarty all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, – None. Approved minutes of meeting of January 15, 2019 The next item on the agenda was a quarterly report from the Vinton Volunteer Fire Department. Chief Oakes reviewed his quarterly was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. Chief Oakes commented that he has one member graduating from the Roanoke County County. Also, there are two other applications in process. automatically respond to accidents. called; however, if there are fluid leaks or injuries, they would get called. Under citizens’ comments and petitions, Alvin Atkinson of Tinker Avenue, Vinton, commented that the property at 525 Tinker Avenue was being renovated and the renovations are late at night and they are drag down the road, which is creating a lot of noise. This has been going on for about two weeks and racing. Stephanie Roberts of Tinker Avenue also commented that the drag racing has been going 3 The next item on the agenda was a briefing on the 2019 Roanoke County Real Estate Reassessment. Sandy Walton, with Roanoke County reviewed presentation package and is on file in the Town Clerk’s Office as a part of the permanent record. Council Member Scheid commented on the Roanoke County real estate assessment change between 2018 and 2019 being Town being 2.46. She asked how that compared Council. Council Member Scheid next asked if the percentage change by classi multi-family residential included Byrd renovated. Ms. Walton r would also email that information to Council. The next item on the agenda was a briefing on the 2017- and secured by the Town. commented that Nathan McClung has prepared a listing of all of the grants that the Town has been Dropbox and updated from time to time. Mr. McClung commented that several departments provided the information for the listing. He then reviewed the listing agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. The Mayor made comments on the importance of grants for the Town and how they have improved community, the safety of our citizens and staff and have spurred private investments. Manager expressed apprecia departments expressed appreciation to Council for their support when they are asked to approve grant requests. The next item on the agenda was to consider Treasurer/Finance Director to remove outstanding License Fees over five years old from the active records to a permanent file. 4 years, they have been able to collect 98.61% of the personal property taxes ve collection rate was 98% in personal 93% in vehicle license fees. This is according to State Code Section 58.1- period. Vice Mayor Liles made a motion to adopt the Resolution as presented; seconded by Council Member McCarty and voting: Vote 5-0; Yeas (5) – Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2282 allowing the Fees over five years old from the active records to a permanent file The next item on the agenda was to consider Treasurer/Finance Director to remove outstanding water and sewer delinquent bills over five years old from the active records to a permanent file. Anne Cantrell commented that they are $11,553.50, but they billed $2,916,411. The write- off is 0.39%, which is These bills are written off the books, but they can up to collect them. Council Member Scheid made a motion to the motion was seconded by Vice Mayor Liles members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution No. 2283 allowing the delinquent bills over five years old from the active records to a permanent file Under reports from Council Committees, Joey Hiner commented th Committee met on January 24, 2019. The main topic was the refuse ordinance update Committee reviewed the comments from Council at their January 15, 2019 homes. Staff met Southampton their refuse collection. One of the options was the possibility of dumpsters expressed were the locations, tidiness, security and the residents being able to take their trash to the dumpster site. Another option discussed was third-party curbside collection. The H members asked if they could bring their cans out to the right-of-way because two of the streets are internal. However, this would mean would have 36 cans lined up on one side and 36 on the other side. With regard to Dillon Woods 5 location for a dumpster. Other options discussed were a different size can for the residents that would be accessible for our crews or third party curbside collection. The Committee reviewed drafts of letters that were sent out on Thursday to 33 properties that would be affected by the limiting response to those letters. The letters included the date of the Public Hearing and several citizens have indicated that they would like to attend the Public Hearing. owners the same letter. At the last meeting, Council directed staff to order the carts from Toter, which has been don later this week there will be a conference call to schedule the set up and delivery. A total of 3,400 being the 96-gallon, but of the 64-gallon as well as the 48-gallon carts for option for the Dillon Woods Townhomes. The Mayor properties have more than four units and Mr. Hiner responded there are 17-18. With regard to Southampton, Stovall asked who would pay Mr. Hiner responded the Town would take care of preparing the site, the screening and the monthly charges would be billed to the Town. properties that do not have a good location for a collection. There are some facilities in Roanoke City that use private contractors and staff is in the process of getting information those property owners. Council Member Stovall asked if that information would be available by February 19th, The Town Manager responded addressing questions now and that Hiner will be meeting with one of the apartment 6 Council Member Scheid asked if we would have a resolution for Southampton by February 19th The Town Manager responded there has been one meeting with the property manager, one with the HOA and there will be the HOA. We told them that we picking solution is Town including them in the process. Vice Mayor taxpayers and going the extra mile. Council Member Scheid asked thinking the smaller 48- them and they will pull them out to the right-of- way. Mr. Hiner commented final decision, but the last correspondence was a request for a can smaller than the 48-gallon and the ability of the elderly residents to get a 64- gallon cart out to the curb putting their garbage outside their garage and we are going on their private property to pick it up. Mr. Hiner commented that considered is a corral with three full-sized cans that the residents could share and would be accessible to the right-of-way. asked if the 32-gallon would work with the tippers and Mr. Hiner responded same company, but he has not checked to see if they are compatible. The Mayor expressed appreciation to Public for situations. This is going to be quite a change for the Town and it is important and accommodate our citizens his questions have been answered and that staff has done a good job. The Town Manager commented that Ordinance is passed by Council on February 19th, notices will be sent to locations in the downtown area as well as to the areas outside the downtown explai 7 getting the message out. Arrangements have been made with our mailing company to prepare and send out the mailing for us. Under appointments to Boards/Commissions/ re-appoint Commission for a new four-year term beginning March 1, 2019 and ending February 28, 2023; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Re-appointed Dave Jones to the Planning Commission for a new four- beginning March 1, 2019 and ending February 28, 2023 The Mayor commented on two recent ribbon cuttings, one at Master Sergeant BBQ and for a bakery at Izzy’s Place. Comments from Council: Council Member Scheid asked the status of the dumpsters at Lake Drive Plaza. The Town Manager commented that staff met with Brenda Thompson of Brixmor tod previous meetings scheduled with Ms. Thompson, but both were cancelled due to weather. They discussed with her the concerns that the doors to Two of the doors were broken and non- operational, having been struck by the contractors that empty the dumpsters. solutions were discussed such as providing a side entrance for dumpsters. The main doors would remain closed and only be opened by the contractor emptying the dumpsters. Some reconfiguration be done and they discussed possibly removing one of the dumpsters to make room and emptying more often or making the station larger. Ms. Thompson has reached out to contractors immediate repairs done on the gates and fencing. Chief Foster next commented that they discussed the problem of have blown up on the embankment Thompson indicated she had already contacted a private landscape company to come out and clean that area again and she is getting on the bank. She also possibility of putting in surveillance cameras on the dumpster station to make the businesses that use those facilities more accountable. discussed were the installation of bollards near the dumpster station so the trucks w 8 those dumpsters pushed back into those facilities far enough so the gates can be closed. Some marking on the concrete pad r options. Prior to this meeting, Dustin Bray visited the Kroger dumpster facilities Cave Spring which provi that we discussed with Ms. Thompson. Council Member Scheid requested that the VML/VACo engagement letter that was pulled from the agenda be discussed at the next Finance Committee meeting. The Mayor commented that Brixmor seems to be Chief Foster commented that Ms. Thompson has been very accommodating in trying to work with the Town in making that shopping center more attractive. She has also indicated that she w Valley Metro to get a bus shelter there. Council Member Scheid made a motion to adjourn the meeting; the motion was seconded by Vice Mayor Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, FEBRUARY 19, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Janet Scheid Michael W. Stovall MEMBERS ABSENT: Sabrina McCarty STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Susan Waddell, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Treasurer/Finance Director Joey Hiner, Public Works Director Thomas Foster, Police Chief Donna Collins, Human Resources Director Chasity Barbour, Community Programs and Facilities Director William Herndon, Assistant Public Works Director Brandon Gann, Financial Services Analyst at 7:00 p.m. The Town Clerk called the roll with Council Member Scheid, Council Member Stovall, Vice Mayor Liles and present. Council Member McCarty was absent Roll call After a Moment of Silence, Tyler Braxton led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Vice Mayor Liles announced the following: February 22-March 12 – 7:00 p.m. and 2:00 p.m. – Husband in Clover – February 23 – all day – Derby – 23 – 11:30 a.m. – Insurance Planning – March 4 – 6:30 p.m. - Downtown Housing Rehab Grant Community Meeting – March 11 - 11:30 a.m. - ribbon cutting for Ellis Senior Care - 316 East Washington Avenue; March 14 – 11:30 a.m. – ribbon cu Mountain View Orthodontics – Street; March 21 – 12-1:00 p.m. – Roanoke Valley Young Professionals Lunch N Learn – Roland E. Cook and r Lunch N Lunch with Keith 2 Center and March 26 – Senior Expo - Vinton War Memorial. quote from Booker T. Washington, “Nothing ever comes to one that is worth having, result of hard work”. The next item on the agenda was an update on the Roanoke Valley- Transportation Planning Organization. Wayne the Town Clerk’s Office as a part of the permanent record. Council Member Scheid asked if the percentage of federal funding has gone down over the years for responded that it stays about the same and if they cannot use the funds that particular year, they are allowed to roll them over into the next year. Some carry over that has to be approved by VDOT and some by With the Smart Scale, they had $1.7 billion the first round and this last round was $780 million. Council Member Sche audience to understand the scope of the amount of funds that pass through the Regional Commission The TPO is responsible for deciding on, prioritizing responsibility. approximately $45-50 million has been received by the Commission. Council Member Scheid asked if the territory that the Commission covers considered to be urbanized was expected to the new housing and development that is going on north around Daleville and toward Fincastle. He was not sure about Elliston because pretty big gap in Montgomery County going up the Blacksburg. The Mayor commented 3 unsung heroes because they play a big part in the standard of living for our region. recognition of Anne Cantrell, the 2018 Employee of the Year. Director, first named the prior two recipients and the other nominees for 2018. Cantrell. After comments from Ms. Cantrell, she Under citizens’ comments and petitions, Norman Mall He also commented on a big hump in the road on 3rd Committee. The next item on the agenda was the proposed Ordinance to repeal Article I, In General, and Article II, Recycling, of Chapter 78, Recycling and Article III, Penalties of Chapter 78, Solid Waste, of the Town Code. opened the Public Hearing at 7:39 p.m. The Town Manager first asked the Town Attorney Ordinance. The Town Attorney commented that Section 78-5 practical to have the town-issue service there. Those sections were also deemed applicable and added to subsection (b) of 78-5 entire town. Sections 78- now added as 78-5 (b) (3) and (4). The Town Manager next commented that the purpose of the Public Hearing comments on the pro relating to our solid waste to be effective April 1, recycling and bulk services at this time. Key points in the proposed ordinance are that a 96- gallon refuse cart will be issued by the town and Public Hearing Opened 4 March 4, 2019 to each residence and business that is currently receiving town refuse collection service; a complexes and other buildings having multiple units with five (5) or more units or any customer service location requesting more than town- have private refuse collection service. The Town may also require private refuse collection service if the Town determines that town- maneuverability or other entering onto private property. The Dillon Woods the request of Council. r additional cart at a rental rate of $5.00 per month and b (2) additional carts at a rental rate of $5.00 each per month. After a 30- who desire a smaller cart may request to replace 96-gallon refuse cart with a 64-gallon refuse cart on a first come, first serve basis. Customers place their empty cart(s) upside down at the curb on their regular collection day beginning Monday, April 8th through Friday, April 19th. All refuse must be bagged and place town-iss refuse placed outside the collected. For the downtown area, r 7:00 p.m. of the other areas outsi 7:00 a.m. the C regulations in the new Solid Waste Ordinance and failure to comply will result in established by Town Council and made a part of the Ordinance. and address, limit their minutes and that all should be directed 5 Quince Perdue, owner of apartments at 201-209 five single-family units and requested that he be allowed to have two carts, which he would bring to the street for pickup and put back in place. He estimated it would cost him over $4,000 to put in a dumpster. Council Member Scheid commented using a dumpster. Council Member Stovall commented that he would recommend the public comments Council and staff have an opportunity to address all of the concerns. we do need to establish a standard, but we recognize that we have facilities in Town that are going to have to be considered individually. storage for the containers and because of her Dillon Woods and Southampton Townhomes that we will need to make special adjustments for, but they have not been finalized yet. Council Member Stovall asked if she took her trash out to Council Member Sch responded she just puts out the bag. Ms. B discuss the water issue. Virginia Avenue with eight retail units, commented that the trash is currently being asked if it would still be The Mayor commented that fall under the provisions of having more than five units and the cost could be passed onto his tenants. Mr. does not have room for a dumpster and Council Member Scheid commented having a private hauler to pick up the trash and 6 that he could contact. The cost of doing business such as utilities, electric and gas and the gone up. Mr. Hawley asked why the taxes could not be raised acr charging the businesses and those tha multi-family dwellings. Anthony Amos of 1407 Wyndham Drive members have met with Mr. Hiner regarding Southampton. Sixty percent are they are willing to work with the Town. Council Member Stovall asked what their top option other responded they would like t doing now. Dana Adams of 525 Dillon Drive and President of the Dillon Woods Townhomes HOA commented that she had proposed several options. The have a problem storing a 96 or 64-gallon can, but the Board reiterated to Mr. Hiner that the 48- eight are over the age of 70 and she was concerned about safety. One cans to Hardy Road or to Dillon Drive. The cans there is a hill on the Dillon Drive side. Another option discussed was building a corral end and the mailboxes are on the fence. meeting last week with Mr. Hiner, it seemed that the consensus was to continue to come onto the property at the Town’s expense. decision has been made, but the Town would continue to pick up their trash as we do now until then. Lynn Knight of 124 Southampton commented there are a lot of elderly and disabled residents that cannot go to a dumpster to take their trash There are two 7 the trash be picked up from those two streets. The private hauler that picks up the dumpster at Northampton does not pick up any items that are not in the dumpster. The Mayor commented that even though the Town should be notified of a there for an extended period of time violation of the Town ordinance. problem, loss of property value The Southampton homeowners should to pay for refuse collection because they pay taxes just like everyone else in Vinton. Tim Leonard property at tenants, most of whom are single, over 60 and with fixed incomes. He also owns 401-421 South Preston, with six tenants and 507 3rd Street with five tenants. He per tenant, which would be to him compared to Vinyard, it would room to put a dumpster. Preston Road and the issue of traveling on private property, he can their cans down to the street. tenants if he has to pass along this cost to them. He suggested the number should be increased to 10 or 12 units because the large dumpsters are for 12-15 per month. commented that he would like the trash pickup to sending out notices to each resident in homeowners. comments this evening and Council understands the concerns. This is a big change for the Town and the refuse ordinance has not been changed in 25 years with the actual method than that. There are a lot of good things going 8 However, it is not just about economic development, but about improving the entire Town. Staff has been neighborhood improvement grants, looking at our improve safety at our intersections. This change in our refuse collection has several facets to it. It will b members, although it is not a one- It will improve the safety of our refuse crew and the overall appearance of Town. The Mayor next commented that with staf has been established in the Valley and our neighbors. the same way for quite some time and so many be looked at individually and we will do the best we can to provide good service. Council Member Scheid commented that she is a member of the Public Works Committee that has been working on the proposed Ordinance for about eight months. She expressed appreciation for those that came out this Ordinance. This change is long overdue and hopefully it will provide some efficiency and improve the way the Town looks and operates again and address the concerns. With regard to those who make comments, it was noted that five of the nine speakers were from Southampton and Dillon Woods. Staff and the Town Manager have been working with both of these residential areas and it is recognized that they are a little different and we will try to work out the best solution that will work for those residents and the Town. Vice Mayor Liles expressed apprec He has driven around Town and concerns that have been expressed. part of Roanoke County, but a 9 thinks our citizens deserve a little more and believes there is a happy medium that we can all get to that is fair to every single citizen in our Town and no one is penalized for refuse collection everyone, but we do not need to taxpaying citizen. Council Member Stovall commented that the first going to give the citizens a chance to get use to them the Public Works Committee address them. If there are other concerns, they should be sent to the expressed appreciation for those w attendance. the Public Hearing at 8:41 p.m. Council Member Stovall moved to adopt the Ordinance with the comments going back to the Public Works Committee to be reviewed, the cans will begin to be rolled out the week of March 4th throughout the Town and part of the Ordinance will take effect April 1, 2019; the motion was seconded by Scheid. clear on the motion. The Mayor commented that worked out before April 1st takes effect. and discussion regarding any changes that might need to be made to the Ordinance and the Town Attorney commented that the Ordinance could be adopted as is and changed at a later date. Coun Thursday of this week and Public Hearing. The Town Manager commented that Council could table the Ordinance until the March 5th Public Hearing Closed 10 date of April 1st and wait to take action at the March 5th to be delivered and we do arrive without the notices. Member Stovall then made a motion to table the by Vice Mayor Liles and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) – McCarty. The Town Manager commented that the cans will roll out the week of March 4, 2019, but not be issued to the Southampton or Dillon Wood Townhomes because we are still working through the logistics of what type of service we are going to provide to those two areas. Ordinance to repeal Article I, In General, and enacting Article 1, In General, Article II, Recycling and Article III, Chapter 78 Council meeting Under reports from Council Committees, Brandon Gann reported that the Highway Safety discussed several items at the meeting. One item was a request concerning v up to far at the business on the corner of South sight visibility to the left on Virginia Avenue. A requesting they purchase stop blocks vehicles from pulling too far forward in the parking spaces. An update was given recent grant for the crosswalk at the intersection of Washington and Pollard. Some safety issues were discussed concerning vehicles parking on the street in the 700 Block of South Maple. A communication was were having problems with parked vehicles in that location. The response from the bus drivers was no, so the Committee recommended no further action at this time. for placement of Opticoms at the Vinyard/Hardy and Washington/Mountain View and Mr. Hiner reported that upgraded. Another item discussed was a citizen on Bowman Street who was having issues 11 down by trucks and a request to restrict trucks from traveling on that street. A letter was sent to the citize and his cable TV provider to check the height of his service lines. The business owner at the corner of Virginia Avenue and 3rd street has been vehicles using their entrance as a cut-through to avoid the light or the turn at the intersection Communication was sent to the recommending placement of concrete planters to limit egress of commercial vehicles. staff to reduce the speed limit from 35 mph to 25 mph Mountain View Road. Reducing the speed would fall along the lines of the economic development downtow already at the Committee recommended that Public Works staff further review the ending of the 25 mph speed zone. The last item reviewed by the Committee request for a Ruddell Road near Herman L. Horn Committee recommended placement of the sign on the Driveway Right”. change would come back to Council. The Town The next Committee report was from the Finance Committee. that the Committee met today prior to the Council Meeting and first reviewed and approved the 3rd Quarter Rescue Squad Reimbursement Request. three budget appropriation relat the first payment was made in January and one for 12 revenue to their building maintenance account. The next item discussed was the December 2019 financial statements. Year-to- General Fund was $490,006 in expenditures over revenue which is anticipated this time of year. The $284,610 and the Stormwater Fund was $30,189 expenditures over revenue. This is expected this taxes being in May and June. With regard to cash, the General Fund was $396,000 to the good, Grant Fund was negative by Across the various investments in the General and Utility Fund, we had $3.1 million with total cash and investments at $4.7 million. watched and a shortfall is anticipated at the end of this fiscal year. Those categories are forfeitures, charges for services and War Memorial charges for services. Consumer uti personal property and real estate tax trending down at this time, but it is looking like we will not meet our target of year-end projections. million and year-to-date budget was $180,000 over what was expected or 110%. In the Stormwater Fund, we were at $204,000 for the year, which is the transfer from the General and Utility Funds. Those are legal and communications services or the E911 Center. The streets and bridges is overspent, but there $35,000 in paving was paid in July that we normally do not capital outlay for a salt spreader replaced and was not expected. We are trending overspent in the War Memorial, and the Swimming Swimming Pool is due to a water leak. Economic needs to were at 84% of our budget expectations. 13 need to be moved. One for the Gish Mill Study Grant which is missing appropriated budget but the grant has been received and spe coming to Council in the future. In the Utility Fund, million. In the Stormwater Fund, we spent 85% of our budget expectations, which is $174,000 versus the $204,000 budgeted transfer figure. budget for next year which included projections for this year. We did have a few categories that are trending to the good, one being meals tax. We are and th budgeted and highway maintenance was trending trends are overtaking the positive trends, but with that as we continue throughout the year that these projections are only going to get better and that we will have enough expenditure budget remaining agreement that Roanoke County also discussed in their budget review with their Board. The Commonwealth’s Attorney contract was tabled to a future meeting. With regard to the rate study proposals, we received three quotes, one from $18,000 and one from are going VML/VACo and then it will be brought back to the Finance Committee for a final recommendation to Council. The Valley Metro item was also tabled to a future meeting. The next Fin meeting will be March 4, 2019 at 2:00 p.m. With regard to the FY2020 budget, Council Member Scheid and Mayor Grose have requested that we hold a b sometime in March. Town Manager commented that we will send out a Doodle Poll to Council. 14 Council Member Scheid made a motion to approve the December 2018 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. Report The Mayor commented on all of the regional Committees that Council and staff participate in. Comments from Council: Council Member Stovall expressed thanks to Debbie Adams for the article she did on him and his wife for Valentine’s appreciation to staff for the hard work on the refuse ordinance. We have made a lot of progress and the fact that we work session prior to the March 5, 2019 meeting. Council Member Scheid commented tha Valley Day is April 6th and she again wanted to put together a team again of Council and Staff Anyone wanting to participate should meet at 9:00 a.m. at Lake Drive Plaza. Public Works Committee will mee the work session. The Mayor commented that he within an Ordinance. The Town Attorney commented that if we are going to have exceptions that we will have to spell out the criteria for the exceptions. session before the next beneficial to work out some of the issues. Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Scheid, Stovall, Liles, Grose; Nays (0) – None; Absent (1) – McCarty. 15 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 5, 2019 Department Finance Issue Consider adoption of a Resolution appropriating funds in the amount of $12,567 for debt payment of Knuckle boom Truck Summary The purchase of a new Knuckle boom Truck was approved in the Fiscal Year 2019 budget. The exact amounts for the debt issuance were not determined at the time the budget was adopted. In July 2019, the debt issuance was completed and the Knuckle boom Truck was purchased. The first debt payment was made in January 2019, and funds need to be moved from the budgeted line item of 200.4101.799 (capital outlay) to the debt accounts of 200.8800.933 (principal) and 200.8800.934 (interest). Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 5, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton budgeted for a capital improvement expenditure in the Fiscal Year 2019 budget for a Knuckle boom Truck; and WHEREAS, the equipment was purchased with a debt issuance through VML Finance in July 2018; and WHEREAS, the budget funds for the purchase need to be moved from the capital outlay account into the debt payment accounts. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: FROM EXPENDITURE: 200.4101.799 Capital Outlay $12,567 TO EXPENDITURE: 200.8800.933 2018 VML Knuckle boom Prin. $10,132 200.8800.934 2018 VML Knuckle boom Int. $ 2,435 $12,567 This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 5, 2019 Department Public Works Issue Consider adoption of a Resolution appropriating funds in the amount of $1,479.60 received for scrap metal and used oil for recycling to the Public Works budget. Summary Four checks totaling $1,366.50 and $60.00 in cash has been received from D. H. Griffin Wrecking Co., Inc and two checks totaling $53.10 has been received from Spirit Services, Inc., and deposited in Revenue Account 200.1901.001 Recoveries and Rebates. The checks and cash totaling $1,479.60. is for scrap metal and used oil for recycling from the Public Works Department. It is necessary to appropriate the $1,479.60 to Public Works Operating Budget Account Number 200.1221.350 Public Works Administration, Maintenance and Repairs Building. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 5, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton had scrap metal from the Public Works Department through D. H. Griffin Wrecking Co., Inc and used oil for recycling through Spirit Services, Inc.; and WHEREAS, the revenue received from the scrap metal and used oil for recycling has been received into the Revenue Account 200.1901.001– Recoveries and Rebates in the amount of $1,479.60; and WHEREAS, in order that the money can be used for building needs and repair work in the Public Works Department, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Public Works Operating Budget Account Number 200.1221.350 Town Garage, Maintenance and Repairs Building. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $1,479.60 200.25000 Estimated Revenue $1,479.60 FROM REVENUE: 200.1901.001 Recoveries and Rebates $1,479.60 TO EXPENDITURE: 200.1221.350 Maintenance & Repair Building $1,479.60 This Resolution adopted on motion made by Council Member _____________________, seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 5, 2019 Department War Memorial Issue Consider adoption of a Resolution appropriating funds in the amount of $35,912.56 for the receipt of an insurance claim relating to mold damage at the Vinton War Memorial Summary On September 5, 2018, the Vinton War Memorial sustained water damage and subsequent mold due to a leak in library room ceiling and said damage was in the amount of $35,562.56. The Town spent an additional $2,850.00 for testing to confirm mold. The proper insurance filing was made with the VML Insurance Programs and checks in the amount of $35,912.56 (the total less our deductible of $2,500.00) was received. Council needs to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the War Memorial Operating Budget Account Number 200.7103.738 – Special Project. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 5, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, on September 5, 2018, the Vinton War Memorial sustained water damage and subsequent mold due to a leak in library room ceiling and said damage was in the amount of $35,562.56; and WHEREAS, the Town of Vinton performed testing to confirm mold present in the facility after the extent of the damage was exposed, at a cost of $2,850.00; and WHEREAS, the proper insurance filing was made with the VML Insurance Programs and checks in the amount of $35,912.56 (the total less our deductible of $2,500.00) was received in the Revenue Account 200.1901.001- Recoveries and Rebates; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the War Memorial Operating Budget Account Number 200.7103.738 – Special Projects. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $35,912.56 200.25000 Estimated Revenue $35,912.56 FROM REVENUE: 200.1901.001 Recoveries and Rebates $35,912.56 TO EXPENDITURE: 200.7103.738 Special Projects $35,912.56 This Resolution adopted on motion made by Council Member ____________, seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ________________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 5, 2019 Department Police Issue Introduction of new Police Officer Summary Chief Foster will present Officer B. F. Alterio to Council and give a brief introduction. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date March 5, 2019 Department Administration Issue Annual update from the Roanoke Regional Partnership Summary Beth Doughty, Executive Director, will be at the meeting to give the annual update on behalf of the Roanoke Regional Partnership. Attachments PowerPoint presentation Recommendations No action required Town Council Agenda Summary PROJECT NAME HERE WELCOME SUCCESS IN REVIEW 457 Information Requests 7 Percent 5 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org $308 Million 6 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 10 Announcements 7 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org $122,235,689 8 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 980 Riders 9 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org More Runners. More Impact. 10 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 39,000 Attendees 11 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 20,000 Beers Sold 12 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org $23,000 13 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 14 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 3 New Events 15 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 140+ New Connections 16 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org 25 Platforms 17 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org •Attract top student talent •Connect interns to a peer network •Education on soft skills and leadership •Engage students for retention 18 ROANOKE REGIONAL PARTNERSHIP FOLLOW US: roanoke.org WELCOME SUCCESS IN REVIEW Meeting Date March 5, 2019 Department Administration Issue Consider adoption of a Resolution approving the 2019-2020 operating budget for the Roanoke Valley Regional Cable Television Committee. Summary The annual operating budget of the Roanoke Valley Regional Cable Television must be submitted for approval by each of the governing bodies after approval by the RVTV Committee. Elaine Bays-Murphy will be present at the meeting to make comments and answer any questions. Attachments Letter RVTV Operating Budget-FY2019-2020 Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary To: Roanoke Regional Cable Television Committee From: Elaine Bays-Murphy, Director of Cable Access Date: February 6, 2019 Re: FY2019-2020 Operating Budget BACKGROUND INFORMATION: Roanoke Valley Television, RVTV Channel 3, is a Government & Educational Access Station, serving the City of Roanoke, Roanoke County, Town of Vinton, and their respective School Systems. In 1992, the three localities signed an agreement to form the Station, and RVTV-3 was created in 1993. RVTV programming is cablecast on Cox Cable, Channel 3, Roanoke, and on Comcast, Channel 3, in west Salem. RVTV is located at the Jefferson Center (541 Luck Ave. SW). The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget amount paid by each locality is based on the percentage of Cox Customers located in each jurisdiction. RVTV-3 produces Original Videos, Monthly Television Shows, and covers LIVE Government Meetings (Roanoke City Council & Roanoke County Board of Supervisors). RVTV also provides the meeting signal for video streaming & Facebook LIVE. Roanoke Valley Television produced the following in 2018: • 86 Original Television Shows (12) Inside Roanoke, (12) Roanoke County Today, (10) Spotlight On City Schools, (12) Accent Excellence, (12) Roanoke County Business Partners, (4) Recreation Television, (12) BizRoanoke (12) Libraries Happenings • 58 Regular Government Meetings (Signal Streamed through County Website & City FB LIVE) (24) Regular Roanoke City Council, (22) Regular Roanoke County Board of Supervisors, (12) City Council Briefings • 77 Video Productions (List of Video Productions on Attachment Pages 4 & 5) RVTV-3 Programming is uploaded to the RVTV Website & Social Media Sources. Additionally, RVTV-3 Programming is uploaded to the Websites & Social Media Sources for Roanoke City, Roanoke County, Town of Vinton & their School Systems. RVTV Website www.RVTV.org RVTV YouTube Channel www.youtube.com/RoanokeValleyTV RVTV Facebook Page (3,091 Likes) www.facebook.com/RoanokeValleyTelevision RVTV Twitter www.twitter.com/RoanokeValleyTV FISCAL IMPACT: The proposed FY2018/2019 Operating Budget request is $463,413. Roanoke County is the fiscal agent for Roanoke Valley Television, and RVTV Team Members are included in the County’s payroll and benefits system. The proposed budget includes a 2% salary increase if approved by the Board of Supervisors. For budgeting purposes, a recommended 20% increase for Group Health Insurance is included. The budget includes closed captioning services for Roanoke City Council & Roanoke County Board of Supervisors meetings. On January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1-645 et seq.) required Cox Communications, as well as other cable television providers, to pay a five percent (5%) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable television providers, like Cox, to the localities. The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget amount paid by each locality is based on the percentage of Cox Customers located in each jurisdiction. Cox calculates the percentage of Subscribers (December 31, 2018) in each locality as follows: Locality 2018 Percentage City 52% County 44% Vinton 4% Based on the above percentages, each member’s contribution to the FY2019/2020 budget of $463,413 is: Locality 2018/2019 Budget 2019/2020 Budget Proposed City $232,713 $240,975 County $196,911 $203,902 Vinton $17,901 $18,536 Total $447,525 $463,413 *In addition to the City’s share of the above budget of $463,413, the City will also pay $2,136 for closed captioning for City Council Briefings. RVTV Financial Report - Current Account Balances as of December 31, 2018 C817-9601 (Operating Budget) ...........................................................$229,481.55 C817-9603 (Cox Cable Capital Equipment Grant) ...............................$869,154.17 C817-9604 (Operating Reserve) ..........................................................$95,232.24 (Operating Reserve Balance to be maintained is 20% of the Operating Budget) The Operating Reserve Account represents the unused funds from the Operating Budget since 1993. RVTV does not lose these funds at the end of the fiscal year, rather they are rolled over into the Operating Reserve Account. ATTACHMENTS: RVTV Proposed 2019 – 2020 Budget Budget Proposed Budget 2018 -2019 2019 - 2020 101010 Regular (Actual $248,531 + 2%) 247,331.00 253,502.00 202100 FICA (7.65%) 18,921.00 19,393.00 202200 Retirement – VRS (12.32%) 27,652.00 31,231.00 202840 Deferred Comp Match (650 x 3) 1,950.00 1,950.00 202300 Group Health Insurance 50,243.00 53,898.00 (Actual 44,915 + 20%) 202310 Group Dental Insurance 2,388.00 2,388.00 202500 VRS Life (1.31%) 3,240.00 3,321.00 202500 LTD Insurance 680.00 718.00 202750 VRS Health Credit (0.30%) 742.00 761.00 300013 Professional Services – Other 22,526.00 22,526.00 (Closed Captioning $22,250 Security System $276) 300013A CC – City Council Briefings * City Only 320001 Repairs Vehicles (By Garage) 300.00 300.00 330005 Maintenance Service Contracts 3,231.00 3,275.00 (Telephone $550 Website $2,725) 520010 Postage 100.00 150.00 520030 Telephone 4,250.00 4,500.00 520033 Internet & Adobe Cloud 2,104.00 2,104.00 520035 Cellular Phones (2 Smart Phones) 1,200.00 1,200.00 530005 Motor Vehicle Insurance 1,668.00 1,700.00 530008 General Liability Insurance 3,582.00 3,600.00 540010 Lease/Rent of Buildings 49,317.00 50,796.00 (8 x $4,191.13 4 x $4,316.86) 550001 Travel (Mileage) 100.00 100.00 601010 Office Supplies – General 600.00 600.00 601013 Small Equipment & Video Supplies 4,000.00 4,000.00 608080 Gas, Oil & Grease 1,200.00 1,200.00 609091 Tires,Tubes & Parts 200.00 200.00 Total $447,525.00 $463,413.00 *In addition to the City’s share of the above budget of $463,413, the City will also pay $2,136 for closed captioning for City Council Briefings. RVTV expended 99.43% of the 2017/2018 Budget. RVTV Video Productions Roanoke City Productions Opioid Informational Meeting PHHS Carilion Center Simulation, Research, & Patient Safety Ribbon-Cutting (3) Stonewall Jackson Community Meetings Star City Pass Announcement Overcoming Obstacles PSA Star City Reads All-America City Breakfast LEAN Graduation Ceremony City Council Budget & Tax Rates Meeting City Council Budget Adoption Meeting City Investiture Ceremony Arena Football Announcement VA 811/911 Center Ground-Breaking Steger Creek (VA Railway Passenger Station) Ribbon-Cutting Star City Innovators LEAN Promotional Video Star City Reads – Books to Barbers Event State of the City Address Roanoke Youth Summit VML Annual Conference Video (Shown in Hampton, VA) STEAM Coffee + Eatery (Hotel Roanoke) Ribbon-Cutting Lead Safe Roanoke – Dangers of Lead Poisoning SpringHill Suites by Marriott Ribbon-Cutting Leaf Collection PSA Mayor’s Business Summit Clarkston Technology Solutions Ribbon-Cutting “BizRoanoke” Show PSA LIVE Interim City Council Announcement Roanoke County Productions Dana Science Building Rededication – Hollins University Reimagine Hollins Community Meeting Spring Career & Lifestyle Fair PSA Adventure Sunday Explore Park Jae Valley Park Ribbon-Cutting Gander Outdoors Opening Arbor Day Celebration Back Creek Elementary Mayflower Hills Disc Golf Course Ribbon-Cutting Student Artisan Saturday Explore Park Catawba Valley Farmers’ Market PSA Signing Day – Student Registered Apprenticeship Program County Recycling PSA Spartan Kids Race PSA Niagara Ranch Horse Riding Grand Opening Touch-a-Truck PSA Touch-a-Truck Music Video Roanoke County Productions (2) 2-1-1 Virginia PSAs Highland Games (2) “I Foster” Video – Department of Social Services Lean/Kiazen Presentations Lip Sync Challenge – Sheriff’s Office & WVR Jail Car Theft Prevention – Roanoke County Police Department Gauntlet Business Program & Competition 2019 PSA Catawba Valley Farmers Market – Holiday Market PSA Plantation Road Bicycle, Pedestrian & Street Scape Project Ribbon-Cutting State of the County Address Annual Christmas Tree Lighting at South County Library Lynda.com PSA – Roanoke County Public Libraries “Accent Excellence” Show PSA Star Tank Summit 2019 Promo Town of Vinton Productions Volunteer Fire Department PSA Vinton Rescue Squad PSA Vinton Rescue Squad Recruitment Video Vinton Farmers’ Market Zagster Bikeshare Station Ribbon-Cutting Vinton Volunteer Fire Department Recruitment Video Arbor Day Celebration Vinton Projects Tour of Macado’s, Willam Byrd High School, Lancelot Grand Opening Farmburgusa Lancerlot Ribbon-Cutting & Grand Re-Opening Macados Vinton Grand Opening & Ribbon-Cutting State of the Town Address Colonial Downs Off Track Betting Ribbon-Cutting City & County Production Reimagine Oak Grove Community Meeting Virginia’s Blue Ridge Annual Meeting City, County, Town Productions RCACP Petco Foundation Grant Clean Valley Council Riverfest “We are Virginia’s Blue Ridge” Tourism Video Video Productions (Does not include Shows) Productions City of Roanoke Roanoke County Town of Vinton 77 30 34 13 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 5, 2019, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179 WHEREAS, the Town of Vinton, along with Roanoke County and the City of Roanoke pursuant to ordinance, have established the Roanoke Valley Regional Cable Television Committee, in part to assist with the development of educational channels and governmental access cable programming; and WHEREAS, each member jurisdiction annually approves the operating budget prepared by the Cable TV Government Access Director and recommended by the Roanoke Valley Regional Cable Television Committee for operation of the cable access Channel 3. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the 2019-2020 operating budget for Roanoke Valley Regional Cable Television Committee in the amount of $463,413, of which Vinton’s allocation based on subscribers is four percent (4%), or the amount of $18,536 of the total budget. This Resolution shall be effective from and after the date of its adoption. This Resolution adopted on motion made by ______________, seconded by _________________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 5, 2019 Department Public Works Issue Consideration of public comments regarding a 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 held a Public Hearing on the proposed Ordinance on February 19, 2019. At the Public Hearing, nine citizens expressed their concerns. After the Public Hearing was closed, Council voted to table action on the proposed Ordinance until the March 5, 2019 meeting. Council held a Special Called Work Session on February 25, 2019, at which time the concerns expressed during the Public Hearing were discussed and revisions were made to the proposed Ordinance by the Town Attorney. Attachments Ordinance Recommendations Motion to adopt Ordinance Town Council Agenda Summary {00307052.DOCX } 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MARCH 5, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE TO REPEAL ARTICLE I, IN GENERAL, AND ARTICLE II, RECYCLING, OF CHAPTER 78, SOLID WASTE IN ITS ENTIRETY BY ADOPTING AND ENACTING ARTICLES I, IN GENERAL, II, RECYCLING AND III, PENALTIES, OF THE TOWN CODE. WHEREAS, Section 15.2-928 of the Code of Virginia authorizes the Town of Vinton to provide for and operate facilities and appurtenances for the collection, management, recycling and disposal of solid waste, recycling materials and other refuse of the residents and businesses of the Town of Vinton; and WHEREAS, the Town previously enacted a Solid Waste ordinance codified in Chapter 78 of the Town Code; and WHEREAS, it is the responsibility of Town Council to periodically review and revise the solid waste ordinance of the Town of Vinton in order ensure its compliance with current law in the Commonwealth of Virginia; and WHEREAS, the Town Council has now determined that it is in the best interest of the residents of the Town of Vinton to amend its solid waste ordinances to facilitate collection of refuse in town-issued refuse carts and to otherwise amend the ordinance to promote the health, safety and welfare of the residents of the Town of Vinton all in accordance with applicable state law; and NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council does hereby repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste and replace in its entirety by adopting and enacting Articles I, IN GENERAL, II, RECYCLING AND III, PENALTIES of the Town Code, as follows: CHAPTER 78 – SOLID WASTE ARTICLE I. – IN GENERAL Sec. 78-1. - Violations of chapter generally. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a class 4 misdemeanor. (Code 1982, § 14-1) {00307052.DOCX } 2 Sec. 78-2. - Containers generally. (a) It shall be the duty of every owner, lessee or occupant of every residence and every building or place of business in the town to provide, at all times, suitable and sufficient sanitary refuse containers which shall be leakproof with tightfitting tops and handles, and in conjunction with such containers, other containers, such as plastic bags, of adequate strength to hold and retain all garbage and liquid substances, and whatever rubbish may be mixed therewith, from such building, residence or place of business. (b) Each owner, lessee or occupant of every residence and every building or place of business shall deposit, in the containers required by this section, any refuse, garbage, liquid substances and rubbish of any sort to be collected and disposed of. (c) The sanitation workers of the town shall not be required to empty any refuse container which, together with its contents, weighs in excess of 50 pounds. (Code 1982, § 14-2) Sec. 78-3. - Location of containers. (a) The refuse containers referred to in section 78-2 shall be kept upon the premises at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. During the hours and days designated by the town manager for the collection of refuse, each resident and business proprietor shall place their refuse containers on their streetside property line or at the curb for pickup. If subject dwelling house or place of business has an alley directly behind the property, then in such event, refuse containers shall be maintained thereon for ready pickup by sanitary workers. Any handicapped or severely ill person shall notify the town manager to arrange a special refuse collection. (b) Notwithstanding the provisions of subsection (a) of this section, in the central business section of the town, as provided in the zoning ordinance, merchants and persons living over stores shall place their refuse containers upon the sidewalks of the town during the hours and days designated by the town manager for the collection of refuse. (Code 1982, § 14-3) Sec. 78-4. - Collection by town. (a) The town manager shall be authorized to promulgate policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council. Such policies, rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. (b) Refuse that can be collected in a load packer truck shall be collected and disposed of according to the following schedule: (1) Residential customers, including single-family, duplexes and mobile homes, shall receive once-per-week refuse collection at no charge. {00307052.DOCX } 3 (2) Businesses, apartments and institutions generating not more than 12 cans, being 30 gallons each, of refuse per week shall receive free once-per-week refuse collection. Heavy duty garbage bags may be substituted for cans. Under certain conditions related to public health and safety, as determined from time to time by the town manager, refuse may be collected more frequently. In no event shall more than 12 cans be collected in any week. (3) All businesses, apartments, and institutions generating more than the 12-can-per-week limit shall secure a private vendor for their collection needs. (c) Refuse that cannot be collected in a load-packer truck, hereinafter referred to as bulk refuse, such as tree trunks and limbs not to exceed two feet in diameter, shrubbery trimmings, leaves, brush, appliances, and furniture will be collected by the town as follows: Any person desiring such collection shall so advise the town office, requesting that a town truck pick up the specified refuse. All such refuse shall be placed at the curb or edge of the street adjoining the property of the person requesting the service. The refuse shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. Bulk refuse will not be picked up in alleys. There shall be a charge for such service in such amount as is prescribed, from time to time, by the town council, and the person requesting the service shall pay such charge before the refuse is collected. (d) In no event shall hazardous waste or household hazardous waste, as defined in Code of Va., § 10.1-1400, as amended, be placed out for collection or be collected by the town. (e) (1) Prohibited items include: tree stumps or root balls, dead animals, automobile or motorcycle parts, machinery, waste material produced in the construction, remodeling, repair, or demolition of buildings, homes, industrial plants, pavements and structures including but not limited to, lumber, concrete, asphalt, fencing, roofing materials, plaster, gypsum board, piping and all other similar items, herbicides, insecticides, household cleaners, or any other material deemed unsafe for collection. (2) Notwithstanding the above subsection, not more than four un-mounted automobile tires will be collected from a household per calendar year at no charge. (f) When discarding iceboxes, refrigerators, or other similar containers, the requirements of section 46-2 of the town code shall be strictly adhered to. (g) Only refuse generated within town limits may be disposed of under this ordinance. (h) All contractors, required to be licensed by state law, who perform major work on a property and produce waste material from this work shall be responsible for removing the waste from the property and legal disposing of it in an approved landfill or other facility. (Ord. No. 811, 3-15-05) Sec. 78-5. - Dumping unsightly matter on highway, right-of-way or private property. (a) Any person shall be guilty of a class 1 misdemeanor who dumps or otherwise disposes of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent. {00307052.DOCX } 4 (b) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of section Code of Virginia, § 46.2-936 in making such arrest. (c) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (d) Any person convicted of such violation shall be guilty of a class 1 misdemeanor. (e) The provisions of this section shall not apply to the lawful disposal of such matter in landfills. (Code 1982, § 14-5) State Law reference— Similar provisions and authority of town to adopt above section, Code of Virginia, § 33.1-346. Sec. 78-6. - Coordination with mandatory refuse recycling program. (a) The town has established a mandatory refuse recycling program by the adoption of the town council of Ordinance No. 523 on March 6, 1990, the same being incorporated in the town Code as article II of this chapter. (b) This chapter shall be read and interpreted in keeping with the provisions of the mandatory refuse recycling program. The town manager shall resolve any conflict with respect to particular owners, sites for collection, location of containers and variances required for the efficient and effective operation of refuse collection services for the residents, merchants and business people of the town. (Code 1982, § 14-6) Sec. 78-7. - Illegal dumping; penalty. Any person who shall dump or otherwise dispose of trash, garbage, waste or other refuse, or unsightly matter in any town dump, dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, garbage, waste or other refuse or unsightly matter in any dump, dumpster, dump truck, disposal area or waste management facility shall be guilty of a class 1 misdemeanor. (Ord. No. 697, 9-15-1998) ARTICLE II. - RECYCLING Sec. 78-26. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: {00307052.DOCX } 5 Recyclable materials means newspapers, magazines, cardboard, glass bottles and jars, aluminum cans, plastic containers and any other additional items as designated by the town manager intended to be discarded by persons who receive town refuse collection services. (Code 1982, § 14-21) Cross reference— Definitions generally, § 1-2. Sec. 78-27. - Collection of recyclable refuse. (a) This section applies to occupants of single-family homes and multifamily dwellings and to commercial establishments from which the town collects refuse. (b) A person shall not place recyclable material designated by the town manager for recycling collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless newspapers are soiled or the glass is broken. Dirty or soiled paper, broken glass or partially filled containers are not to be added to the recyclable materials. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recyclable material will not be collected on that day if: (1) Weather conditions or emergencies have made roadways impassable; or (2) The day falls on a legal holiday. Collection will be resumed on the next following workday. (d) A person shall place the container of recyclable materials on the public right-of-way next to the edge of pavement. The recyclable material shall not interfere with parking or traffic. A person shall not place the recyclables next to the curb before 4:00 p.m. the day before the scheduled collection. After being emptied, the recycling containers shall be removed from the edge of pavement by the occupants before midnight the day of collection. The town manager may designate a single place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recyclable materials. (e) In cases where the public right-of-way is inaccessible, the town manager shall designate an appropriate place near the edge of pavement for placement of the recyclables. Examples of these placements include the foot of driveways, alleys, walkways or steps to the house or the edge of the front lawn. (f) A person shall tie newspapers in a bundle or take other action to prevent newspapers from being blown away by the wind. The bundle shall not weigh more than 25 pounds and shall be placed in the prescribed container provided by the town. On wet days, a person shall place the newspaper bundle in a plastic bag such as to protect its contents from weather. (g) The town, as an initial incentive, shall provide a recycling collection container to each residential unit and commercial establishment required to participate in the recycling program. It is intended that the recycling collection container will remain at the location of the residential unit or commercial establishment where it is originally issued. Recycling participants must purchase additional containers from the town to replace those lost or damaged. The cost of the container will equal the price paid by the town for the container. A serial number shall identify to whom the container has been issued. Residents who move into the town after the program has begun will purchase the {00307052.DOCX } 6 recycling container at cost from the town if the originally issued container was not left with the property. Residents may purchase additional containers at cost to store the recyclable materials generated by their household or commercial establishment if one container is not sufficient. (h) A person shall place newspapers, magazines, cardboard, glass bottles and jars, aluminum beverage cans and plastic containers in the collection container provided to residents and commercial establishments by the town. Glass bottles, jars and aluminum cans shall be emptied before being placed in the respective recycling container. It is recommended that aluminum cans can be flattened, but this is not required. Glass bottles and jars should not be broken before placement in the collection container. It is recommended that plastic containers be flattened (depressed) and the cap replaced to maintain the flattened shape. (i) The town manager may designate addition material for residents to include in the recycling collection container. (j) A person shall not use the recycling collection containers for any other purpose except the storing of recyclable items prior to collection. (k) Only the town, its contractor or the person who placed the recycling container next to the designated collection point may recover recyclable materials. No scavenging or unauthorized collection of recyclable materials from the designated collection point shall be permitted. A violation of this subsection shall be a class 3 misdemeanor. (l) The town manager is authorized to amend these requirements and provide special exceptions on a case-by-case basis for individuals who, due to frail health, age, incapacity or handicap, are unable to comply with the provisions of this section. (m) The town manager is authorized to provide for more frequent collection at residential or commercial locations where recyclable materials are generated in such volume as to make more frequent collection desirable and warranted. Each authorization shall be made up on a reviewable, case-by-case basis. (Code 1982, § 14-22) Sec. 78-28. - Penalty for noncompliance. (a) Before issuing a criminal citation for an infraction under this article, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The first and second warning notice shall describe the violation, include instructions for the proper sorting of recyclables from refuse, state that all occupants of single-family houses, multifamily dwellings and commercial establishments from which the town collects refuse must participate in the recycling program and inform the person responsible for the violation and for subsequent violations of the penalty. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing {00307052.DOCX } 7 the facts of the violation. A code enforcement officer shall issue a criminal citation for the infraction to the responsible occupant or owner. (4) Penalty. Any violation under this article in which a criminal citation is issued shall be punished as a class 4 misdemeanor. (b) The following shall apply with respect to infractions: (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a repeat violation. (2) Any individual or corporate owner who receives a citation and who wishes to stand trial shall not receive additional citations until the court rules on the citation for which the defendant is standing trial. (3) In cases where the town manager has determined that extreme danger exists to persons or property or extreme unsanitary conditions exist, the warning notice shall be dispensed with, and the town manager shall obtain a court order to take corrective action. However, nothing shall be construed to prohibit the town manager from taking what action he finds appropriate to protect the public health and safety both under the laws of the town and the commonwealth. (4) The town manager or the manager's representative shall have authority to enforce all provisions of this article. Officers of the police department are deemed representatives of the town manager. (Code 1982, § 14-23(a)(1)—(3), (5), (b)) CHAPTER 78 – SOLID WASTE ARTICLE I. – IN GENERAL Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ashes mean ashes or cinders. Bulk item means any large item that does not fit within a town-issued refuse cart, including but not limited to a major household appliance, large rug, mattress, bed springs, or furniture. Brush or shrubbery means tree trimmings, brush and shrubbery with limbs not exceeding six (6) feet in length and two (2) feet in diameter and cut into pieces. Commercial Property means buildings or land intended to generate a profit, either from capital gain or from rental income. For purposes of this ordinance “commercial property” includes, but is not limited to, any single parcel with more than four (4) residential units. Condominium means a unit owned by an individual that is part of a multiunit structure. {00307052.DOCX } 8 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, 100 block E. Lee Avenue, 100 block W. Jackson Avenue, 100 block E. Jackson Avenue, 10-99 block Walnut Avenue, West side of 100 - 200 block S. Maple Street (odd numbered addresses). Orange lines on Exhibit A indicate the boundary of areas served by Downtown Refuse Collection. Hazardous material means "hazardous material" as define[d] in Code of Virginia § 10.1-1400, as amended. Hazardous substance means "hazardous substance" as define[d] in Code of Virginia § 10.1- 1400, as amended. Hazardous waste means "hazardous waste" as define[d] in Code of Virginia § 10.1-1400, as amended. Household hazardous waste means "household hazardous waste" as define[d] in Code of Virginia §10.1-1400, as amended. Medically Excused Service means specialized collection of refuse or recyclables generated by all persons residing in a dwelling unit from a point of collection approved by the town manager, but which is not curbside or alley side, such service to be provided due to the physical difficulty or inability of all persons residing in the subject dwelling unit to transport refuse and recyclables to the curbside or alley. Refuse means any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected. Refuse collection service means the collection of refuse, rubbish, trash and ashes by the town. Sludge means "sludge" as define[d] in Code of Virginia § 10.1-1400, as amended. Townhouse means a building which contains one dwelling unit located on an individual lot of record and which is attached by means of party walls in a series of three or more buildings, each of which contains one dwelling unit and is located on a separate lot of record. A building meeting the terms of this definition may also be referred to as a single-family attached dwelling. {00307052.DOCX } 9 Town-Issued Refuse Cart means the container that is provided by the town and assigned to an address for refuse collection. Sec. 78-2. Powers and duties of town manager generally. The town manager shall be authorized to promulgate policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council. Such policies, rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. Sec. 78-3. Other governmental regulations. The provisions of any applicable federal or state law or regulation shall control to the extent that compliance with this chapter could prevent compliance with a regulation or law of the federal or state government, including solid waste management regulations, hazardous waste management regulation, hazardous materials transportation regulations and infectious waste management regulations. Sec. 78.4. Regular Collection Service. (a) Collection Service in General. (1) The town shall provide refuse collection service on the terms and conditions set out in this article only to citizens, residents and business establishments located within the corporate limits of the town. (2) The town manager is authorized to provide for more frequent collection at residential or commercial locations where refuse is generated in such volume as to make more frequent collection desirable and warranted. Each authorization will be made on a reviewable, case-by-case basis. (3) The town manager is also authorized to promulgate additional policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council, as provided in Section 78-2. (b) Residential, Business and Commercial Areas Outside the Downtown Business Area. In residential sections, business and commercial areas outside the downtown business area of the town, all collections of refuse, rubbish, trash, ashes, etc., shall be made after 7:00 a.m. and according to a schedule that covers certain sections of the town each day. These areas shall receive once-per-week refuse collection. (c) Downtown Business Area. {00307052.DOCX } 10 In the downtown business area of the town, collections of refuse, rubbish, trash, ashes, etc., shall be made three (3) times a week. All town-issued refuse carts shall be placed for collection by 6:00 a.m. on the day designated in the collection schedule for each place desiring refuse collection service. Sec. 78-5. Refuse carts to be provided by town (a) Residential Areas. (1) Except as provided in subsection (c), any residence with refuse collection service shall be provided one 96-gallon refuse cart by the town unless serviced by a private refuse collection service as of March 5, 2019. Any such residence may be provided one additional refuse cart and shall be billed for the additional carts as provided in subsection (d). The town will have a limited number of 96-gallon refuse carts available and they will be distributed on a first come, first serve basis. (2) If after a 30-day period, any householders or occupants of any residence feel the 96-gallon refuse cart is too large for their household, they may request to replace said cart with a 64-gallon refuse cart. The town will have a limited number of 64-gallon refuse carts available and they will be distributed on a first come, first serve basis. (b) Downtown Business Area and Business and Commercial Areas Outside the Downtown Business Area. (1) Except as provided in subsection (c), 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 as of March 5, 2019. Any such place of business may be provided up to two (2) additional refuse carts and shall be billed for the additional carts as provided in subsection (d). The town will have a limited number of 96-gallon refuse carts available and they will be distributed on a first come, first serve basis. (2) If after a 30-day period, any place of business feels the 96-gallon refuse cart is too large for their business, they may request to replace said cart with a 64-gallon refuse cart. The town will have a limited number of 64-gallon refuse carts available and they will be distributed on a first come, first serve basis. (c) Private Refuse Collection Service Required (1) Apartment houses, condominiums, complexes, commercial properties, businesses and buildings having multiple units with more than four (4) units or any customer service location requesting more than three (3) town-issued refuse carts shall be required to have private refuse collection service. {00307052.DOCX } 11 (2) For Apartment houses, condominiums, complexes, commercial properties, businesses and buildings having multiple units in existence prior to March 5, 2019 and currently receiving refuse collection services from the Town the following rules shall apply: i. Applicable properties with more than nine (9) units or any customer service location requesting more than four (4) Town-issued refuse carts shall be required to have private refuse collection service. ii. Any modification to property described in subsection (c)(2) will require the property owner to use private refuse collection service under the rule stated in subsection (c)(1) unless the modification requires no change in the refuse collection service provided by the Town. Modifications for purposes of this section include but are not limited to: enlargement, creation of additional units, extension or structural alternation. Nothing in this section shall be construed to prohibit repair, maintenance or incidental alteration of a building or the alteration, strengthening or restoring of a building to safe condition as may be required by law. Property owners may petition the Director of Public Works for a determination in writing of whether a modification requires a change in the refuse collection service provided by the Town. Property owners may appeal such determination by the Director of Public Works to the Town Manager within 30 days of an adverse decision from the Director of Public Works. iii. Existing individually owned Townhouses and condominiums with a homeowners association are excluded from the provisions of section 78-5(c)(1) and (2). (3) The Town may require private refuse collection service for any commercial properties, businesses, complexes and other buildings when the Town makes determination that town-issued refuse cart service is not practical due to maneuverability or other operational issues caused by topography, site constraints or the entering onto private property. This section applies to properties in their existing condition as well as to new construction or development. (d) Fees for More than One Refuse Cart Each customer who requests and receives more than one refuse cart shall be charged a fee for each additional refuse cart at the rate specified in the town refuse service fee schedule, which may be amended from time to time by town council. Sec. 78-6. Use of Town-Issued Refuse Carts. {00307052.DOCX } 12 (a) All refuse carts issued by the Town of Vinton shall remain the property of the Town of Vinton. Customers who move outside the refuse collection service area or who otherwise cease refuse collection service with the town are obligated to notify the town utility billing staff. (b) The town-issued refuse carts shall be used for all refuse set out by the refuse customer for removal by the town according to the provisions of this article. Customers shall adhere to a maximum weight limitation of 100 pounds for the 96-gallon town-issued refuse cart. (c) It shall be unlawful for any individual or business to utilize town-issued refuse carts for disposal of refuse, waste, etc. in carts that are assigned to other customers without their permission. It shall be the responsibility of all customers to properly identify their town-issued refuse cart. Determination of whether or not town-issued refuse carts are being utilized by a properly assigned customer shall be done by the town in accordance with individual town-issued refuse cart identification numbers and their corresponding account information in the records of the town. (d) No paper or pasteboard boxes, plastic bags, etc. shall be used as containers for refuse, rubbish, trash or ashes set for collection. Only town-issued refuse carts or dumpsters are acceptable for town refuse collection service. (e) All refuse, rubbish, trash and ashes set out for collection shall be bagged and contained within town-issued refuse carts. Garbage shall be contained in other containers such as plastic bags of adequate strength to hold and retain all garbage and liquid substances. It shall be the duty and responsibility of every property owner, tenant, occupant or agent of any premises in the town to prevent refuse from being spilled on the ground or premises. Excess volume that is not contained within town-issued refuse carts will not be picked up. Sec. 78-7. Placement of Town-Issued Refuse Carts. (a) For residential, business and commercial areas outside of the downtown area, refuse carts referred to in Section 78-5 shall be kept upon the premises at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. During the hours and days designated by the town manager for the collection of refuse, each resident and business proprietor shall place their refuse carts on their streetside property line or at the curb so that they can be conveniently accessible and emptied. If subject dwelling house or place of business has an alley directly behind the property, then in such event, refuse carts shall be maintained thereon for collection. (b) For residential and businesses in the downtown area, the town-issued refuse carts shall be placed in front of the business on the sidewalk and in all such cases the town-issued refuse carts shall be placed on the morning of the day they are to be collected . (c) All refuse carts shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. {00307052.DOCX } 13 Sec. 78-8. Removal of Town-Issued Refuse Carts. (a) For residential, business and commercial areas outside of the downtown area, such town- issued refuse carts shall be removed from the street no later than 7:00 a.m. of the following day and placed at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. This duty shall be the responsibility of the same person that sets out the town-issued refuse cart for collection. (b) For residential and businesses in the downtown area, such town-issued refuse carts shall be removed from the street no later than 7:00 p.m. of the same day and placed out of view from the street. This duty shall be the responsibility of the same person that sets out the town-issued refuse cart for collection. Sec. 78-9. Maintenance of Town-Issued Refuse Carts. (a) It shall be the duty of the customer to keep their assigned town-issued refuse cart(s) in a clean and sanitary condition at all times and to not deface said cart(s) in any manner. (b) All town-issued refuse carts, as provided for in Section 78-5, shall be drained of any excessive moisture before being set out for removal. (c) The town will replace town-issued refuse carts which have become unusable without fault of the customer. A replacement town-issued refuse cart will be provided when a new occupant moves into a residence and the original town-issued refuse cart is missing, but the town will seek reimbursement from the occupant who has moved. (d) Customers are responsible for repair or replacement costs of town-issued refuse carts at a rate established in the latest edition of the town refuse service fee schedule, which may be amended from time to time by town council, when the town makes determination that damage or disappearance of the town-issued refuse cart is not the responsibility of the town or through normal regular use. Sec. 78-10. Medically Excused Service. (a) Any person who is physically unable to transport refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in Section 78-7 may apply for medically excused service. (1) Medically excused service is available only when there is no person residing in a dwelling unit who is physically able to transport the town-issued refuse cart to the locations described in Section 78-7. (2) Any person applying for medically excused service must present a physician's certification, acceptable to the Public Works Director, that the applicant is unable to transport to the locations described in Section 78-7 all solid waste, including recyclables, generated by those persons residing in such dwelling unit. {00307052.DOCX } 14 (3) Any person receiving medically excused service must notify the Public Works Department within thirty (30) days, if the person, or any person living in the dwelling unit becomes ineligible for medically excused service at the subject address due to improved health, relocation of the person receiving such service, or any other reason. (4) Medically excused service shall be available to citizens for a term of no more than twelve (12) months from the date of approval by the Public Works Director. (5) Any person receiving medically excused service may reapply for an additional twelve-month term, if such person remains otherwise qualified for such service. A physician's certification of eligibility for medically excused service shall be required of a citizen reapplying for such service. Sec. 78-11. Other collection services (a) Bulk & Large Item Collection (1) Bulk and large item collection occurs on regular refuse collection day. Bulk and large items are not collected in alleys. Bulk and large items such as appliances, furniture, and other large items may be placed at the curb by 7:00 a.m. on the regular refuse collection day for pick-up. (2) We do not pick up any construction materials (lumber, dry-wall, carpet, padding, water heaters, plumbing fixtures, cabinetry, windows, etc.) regardless of who is doing the work on your home. Anyone who is unsure if bulk falls in this category may contact the Public Works Department. (3) If a contractor is doing this work for you, they are responsible for hauling away the construction debris. (b) Yard Waste Collection (1) Yard Waste Collection occurs on the regular refuse collection day. Yard waste is not collected in alleys. (2) No timbers used in landscaping or bushes, small trees or plants with root balls still attached, sod, tree stumps or dirt will be picked up. (3) The town refuse truck shall not haul away loose leaves, grass, cuttings, weed or hedge trimmings, tree trimmings, branches, limbs or similar matter, nor refuse and trash, from building operations. (4) Grass clippings must be bagged in heavy grade plastic refuse bags and placed at the curb by 7:00 a.m. for pickup on the regular refuse collection day. {00307052.DOCX } 15 (5) Bagged Leaves will be collected on the regular refuse collection day. (6) Fall Loose Leaf Collection occurs annually and is scheduled during November and December each year. Leaves should be raked no closer than one foot and no farther than five feet from the back of the curb or edge of the street located in front of the residence. Leaves are not to be placed in the street or gutter. Sticks, limbs, rocks and other debris shall not be included in the leaves. (7) All yard waste shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. (c) Brush and Limb Collection (1) Brush & Limb Collection occurs on your regular refuse collection day. Brush and limbs are not collected in alleys. (2) Brush and tree limbs must be cut into sections not exceeding six (6) feet in length and two (2) feet in diameter and placed at the curb for collection. (4) Any person, persons, or company that is contracted to perform such work as cutting trees, trimming limbs, branches, shrubs, and the like, are responsible for hauling away all tree limbs and resulting wood waste. (5) All brush and limbs shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. (d) Charges for Excessive Amounts of Bulk, Large Items, Yard Waste, Brush and Limbs If amount of bulk, large items, yard waste, brush and limbs or other oversize items requires five full-sized pickup truck loads, additional charges apply as prescribed in the town refuse service fee schedule, which may be amended from time to time by council. The town refuse service fee schedule, which addresses charges associated with refuse collection, may be amended from time to time by town council. After the fee charges have been paid, the items will be scheduled for collection. Sec. 78-12. Refuse not acceptable for collection. (a) The town refuse truck shall not haul away any refuse, rubbish, trash, ashes, etc., that are not bagged and placed in town-issued refuse carts. The town has the right to specify particular pick-up locations for each individual town-issued refuse cart and it shall be the responsibility of the customer to ensure that the town-issued refuse cart is in the specified pick- up location and oriented as directed by the town. {00307052.DOCX } 16 (b) Any matter set out for collection which does not comply with the provisions of this article will not be collected by the town refuse truck, but must be removed by the owner or tenant of the premises involved. (c) Placing hazardous waste, hazardous substances, household hazardous waste, biohazardous waste, sludge, pharmaceutical waste, pressurized containers, combustible or explosive material, construction waste, electronic waste, hot ashes or embers, human excreta (excluding diapers), animal manure (excluding household pets),dead animals or portions of dead animals, automotive parts and waste including tires and batteries, grease from restaurants or other business uses, liquids, appliances, earth, tree stumps, asphalt, brick, concrete, bulk items, and similar materials for collection in either town-issued refuse carts or dumpsters shall be prohibited. (d) In no event shall hazardous waste or household hazardous waste, as defined in Code of Va., § 10.1-1400, as amended, be placed out for collection or be collected by the town. (e) Prohibited items include: tree stumps or root balls, dead animals, automobile or motorcycle parts, machinery, waste material produced in the construction, remodelling, repair, or demolition of buildings, homes, industrial plants, pavements and structures including but not limited to, lumber, concrete, asphalt, fencing, roofing materials, plaster, gypsum board, piping and all other similar items, herbicides, insecticides, household cleaners, or any other material deemed unsafe for collection. (f) Only refuse generated within town limits may be disposed of under this ordinance. (g) The Town reserves the right to refuse any waste that is not accepted by the Roanoke Valley Resource Authority (hereafter “RVRA”). Sec. 78-13. Sweeping and depositing certain materials in streets, etc. (a) It shall be unlawful for any person to deposit or cause to be deposited upon the sidewalks, streets, roads, lanes or alleys or in any catchbasin any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected including yard waste. (b) All such material shall be placed in receptacles and disposed of as provided in this ordinance. However, the owner has the option of making proper disposition by himself or his agent and in all such cases must haul and deposit such material in an approved disposal facility. Sec. 78-14. Accumulation of refuse. Any person allowing refuse to accumulate on his premises in a manner that would become offensive or unsanitary shall be guilty of creating a nuisance. Refuse, tree and brush trimmings, trash and ashes shall not be allowed to accumulate, causing a large quantity to be set out for collection at one time. {00307052.DOCX } 17 Sec. 78-15. Disposition of refuse other than through refuse collection service. Waste may be disposed of at the Roanoke Valley Resource Authority Tinker Creek Transfer Station located at 1020 Hollins Road N.E., Roanoke, Virginia 24012. Refuse disposed of in any other manner than through the town refuse collection service, as set forth in this article, shall be disposed of in a manner approved by the health department and town manager. Sec. 78-16. Illegal dumping; penalty. (a) No refuse or offensive or disease-producing material or trash shall be dumped in any lot or space within the town for the purpose of filling or otherwise. (b) No person shall dump or otherwise disposes of trash, refuse, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof. (c) No person shall dump or otherwise dispose of trash, waste or other refuse, or unsightly matter in any town dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, refuse, waste or other refuse or unsightly matter in any dumpster, dump truck, disposal area or waste management facility. (d) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, § 46.2-936 in making such arrest. (e) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (f) Any person convicted of such violation shall be guilty of a class 1 misdemeanor. (g) The provisions of this section shall not apply to the lawful disposal of such matter in landfills. Sec. 78-17. Materials prohibited in public waste receptacles. It shall be unlawful for any person to place the following prohibited materials in any receptacle that is used for the collection of waste on the street or other public places: any hazardous waste, hazardous substances, household hazardous waste, biohazardous waste, sludge, pharmaceutical waste, pressurized containers, combustible or explosive material, construction waste, electronic waste, hot ashes or embers, human excreta (excluding diapers), animal manure (excluding household pets), dead animals or portions of dead animals, automotive waste including tires and batteries, grease from restaurants or other business uses, liquids, appliances, earth, tree stumps, {00307052.DOCX } 18 asphalt, brick, concrete, bulk items, and similar materials. It is also unlawful to use any such receptacle for general disposal of refuse in large volumes. Sec. 78-18. Picking through contents of town-issued refuse cart or town-owned dumpster. It shall be unlawful for any person to pick through, handle or interfere with the contents of any town-issued refuse cart or dumpster under the provisions of this article. Employees of the town or other governmental agencies involved in duly authorized investigations shall be exempt from this prohibition. Sec. 78-19. Interfering with employees in removal of material. It shall be unlawful for any person to interfere with, hinder or obstruct the employees of the town in the removal of any material set out for removal under this article. Sec. 78-20. Removal of refuse, rubbish or waste by town. If any person violating Sections 78-11 and 78-12 fails to remove such refuse, rubbish or waste after five days' written notice, the town shall remove the same and the violator shall pay the town the cost of removing the same. The cost of removal shall have no bearing on, or connection with, any punishment, fine or court cost that may be imposed. Sec. 78-21. Screening of Private Dumpsters. It shall be the duty of the owner of any container, can, dumpster or other receptacle designed for disposal of refuse, except public waste receptacles or town-issued refuse carts, to enclose such container, can, dumpster or other receptacle in accordance with the town’s zoning ordinance. Lids shall be kept closed on all such carts, cans, dumpsters and other receptacles for refuse except when being cleaned, filled, or emptied and such carts, cans, dumpsters and other receptacles shall be maintained in a location and manner that will not constitute a nuisance to adjoining properties. Sec. 78-22. Coordination with mandatory refuse recycling program. (a) The town has established a mandatory refuse recycling program by the adoption of the town council of Ordinance No. 523 on March 6, 1990, the same being incorporated in the town Code as article II of this chapter. (b) This chapter shall be read and interpreted in keeping with the provisions of the mandatory refuse recycling program. The town manager shall resolve any conflict with respect to particular owners, sites for collection, location of containers and variances required for the efficient and effective operation of refuse recycling collection services for the residents, merchants and business people of the town. Secs. 78-23—78-40 - Reserved {00307052.DOCX } 19 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: Recyclable materials mean those items identified in regulations by the town manager as recyclable and acceptable to the town for recycling. Sec. 78-42. - Collection of recyclable refuse. (a) This section applies to occupants of single-family homes and multifamily dwellings and to commercial establishments from which the town collects refuse. (b) A person shall not place recyclable material designated by the town manager for recycling collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless material is unsuitable for recycling. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recyclable material will not be collected on that day if: (1) Weather conditions or emergencies have made roadways impassable; or (2) The day falls on a legal holiday. Collection will be resumed on the next following workday. (d) A person shall place the container of recyclable materials on the public right-of-way next to the edge of pavement. The recyclable material shall not interfere with parking or traffic. The recyclables shall be placed next to the curb by 7:00 a.m. on the day of the scheduled collection. After being emptied, the recycling containers shall be removed from the edge of pavement by the occupants by 7:00 p.m. the day of collection. The town manager may designate a single place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recyclable materials. (e) In cases where the public right-of-way is inaccessible, the town manager shall designate an appropriate place near the edge of pavement for placement of the recyclables. Examples of these placements include the foot of driveways, alleys, walkways or steps to the house or the edge of the front lawn. (f) A person shall tie newspapers in a bundle or take other action to prevent newspapers from being blown away by the wind. The bundle shall not weigh more than 25 pounds and shall be placed in the prescribed container provided by the town. On wet days, a person may place the newspaper bundle in a plastic bag such as to protect its contents from weather. {00307052.DOCX } 20 (g) The town, as an initial incentive, shall provide a recycling collection container to each residential unit and commercial establishment required to participate in the recycling program. It is intended that the recycling collection container will remain at the location of the residential unit or commercial establishment where it is originally issued. (h) A person shall place recyclables in the collection container provided to residents and commercial establishments by the town. (i) The town manager may designate additional material for residents to include in the recycling collection container. (j) A person shall not use the recycling collection containers for any other purpose except the storing of recyclable items prior to collection. (k) Only the town, its contractor or the person who placed the recycling container next to the designated collection point may recover recyclable materials. No scavenging or unauthorized collection of recyclable materials from the designated collection point shall be permitted. A violation of this subsection shall be a class 3 misdemeanor. (l) The town manager is authorized to amend these requirements and provide special exceptions on a case-by-case basis for individuals who qualify for medically excused services as provided in Section 78-10 of this ordinance. (m) The town manager is authorized to provide for more frequent collection at residential or commercial locations where recyclable materials are generated in such volume as to make more frequent collection desirable and warranted. Each authorization will be made on a reviewable, case-by-case basis. ARTICLE III- PENALTIES Sec. 78-43. - Penalty for noncompliance. (a) Before issuing a criminal citation for an infraction under Article I or Article II of this Chapter, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing the {00307052.DOCX } 21 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: (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a repeat violation. (2) Any individual or corporate owner who receives a citation and who wishes to stand trial shall not receive additional citations until the court rules on the citation for which the defendant is standing trial. (3) In cases where the town manager has determined that extreme danger exists to persons or property or extreme unsanitary conditions exist, the warning notice shall be dispensed with, and the town manager shall obtain a court order to take corrective action. However, nothing shall be construed to prohibit the town manager from taking what action he finds appropriate to protect the public health and safety both under the laws of the town and the commonwealth. (4) The town manager or the manager's representative shall have authority to enforce all provisions of this article. Officers of the police department are deemed representatives of the town manager. BE IT FURTHER ORDAINED, that this Ordinance shall become effective April 1, 2019. This Ordinance adopted on motion made by Council Member ________________, seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Exhibit A Meeting Date March 5, 2019 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee will meet on March 4, 2019. The following items will be discussed at the meeting: • Utility Rate Study • Preliminary FY2020 Budget Attachments None Recommendations No action required Town Council Agenda Summary