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HomeMy WebLinkAbout9/5/2017 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, September 5, 2017 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Council meeting of August 15, 2017. G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Proclamation: a. National Preparedness Month – Deputy Chief Chris Linkous H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARING 1. Consideration of public comments regarding the petition of Ty Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. a. Open Public Hearing • Report from Staff – Karla Turman • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of an Ordinance Matthew S. Hare, Vice Mayor Keith N. Liles, Council Member Sabrina McCarty, Council Member Janet Scheid, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 J. TOWN ATTORNEY K. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution authorizing the Town Manager to execute an Amendment to the Extra-Territorial Arrest Agreement between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem – Chief Tom Foster L. BRIEFINGS M. TOWN MANAGER N. REPORTS FROM COUNCIL COMMITTEES O. MAYOR P. COUNCIL Q. CLOSED MEETING 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for the annual evaluation of the Town Manager. R. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING S. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: September 19, 2017 - 7:00 p.m. – Council Meeting – Council Chambers September 21, 2017 - 3:00 p.m. – Finance Committee Meeting – TOV Conference Room NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date September 5, 2017 Department Town Clerk Issue Consider approval of the minutes of the Regular Council meeting of August 15, 2017 Summary None Attachments August 15, 2017 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, AUGUST 15, 2017, 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 Sabrina McCarty Janet Scheid MEMBERS ABSENT: Matthew S. Hare, Vice Mayor STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Pete Peters, Assistant Town Manager/Director of Economic Development Theresa Fontana, Town Attorney Anne Cantrell, Treasurer/Finance Director Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Donna Collins, Human Resources Director Joey Hiner, Public Works Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk Council Member Liles, Council Member Scheid and Mayor Grose present. Vice Mayor Hare was absent. Roll call After a Moment of Silence, Council Member Scheid led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following events: September 1-17- playing at the Star City Playhouse; August 18-Party in the Park with The Tams- August 19-Creekfest- 5-10 p.m. The last Mingle at the Market was very successful. Chief Foster announced that his Department took the Mobile Community Services Unit to the July 4th the community. Under requests to postpone, add or to change the order of agenda items, the Town Manager requested to add two items under Secti 2 Volunteer Fire Department and Item No. 5— Introductions of employees from Public Works and under Section M, Item No. 2 – Litter Committee. Council Member Liles made a motion to approve the Consent Agenda as presented; the motion was by the following vote, with all members voting: Vote 4-0-1; Yeas (4) – Council meeting of June 20, 2017 and 2017 The next item on the agenda was the recognition of Douglas Robertson and Josh Blake. pursuit after which a suspect began to struggle with Officer Danny Cox and attempted to disarm him. Mr. suspect. The Mayor and Chief Foster recognized Josh Blake was not present at the meeting. Chief Tom Foster read his Memo selecting Officers Andrew DiCarlo and Dustin Bray as Officers of the Month for July, both who were present at the meeting. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for July 2017 Chief Wayne Guffey reported the volunteer truck hours was 489 of 492 possible hours for 99%; a unit was in service 100% of the volunteer time; there were 194 total calls handling 98 with a medic truck marked up 89% and a BLS Unit 11%. They responded to 83 out of 98 calls for 85% and handled 79 out of 98 calls during volunteer hours for 81%. The time was 9.49. There were 2, the month and a total of 130 transports with the members and three recently became certified— Morgan Elkins and Ethan Sweeney as EMT Chris Sayre, Assistant Chief received his EMT-1 certification. Chief Richard Oakes with the Vinton Volunteer Fire Department reported that the members have agreed to staff a truck two nights a week on Tuesday and Saturday nights until they the membership. The Roanoke County Chief Simon Manager to establish a recruitment process in order to increase the membership. Chief Oakes, on 3 Council for the budget funding that was granted to the Department for advertising and recruitment and requested another meeting with Council and the Town Manager to continue the open dialogue from the prior meeting. month. William “Bo” Herndon as the new Assistant Public Works Director and Kenny Sledd as the new Utility Systems Manager. The next item on the agenda was to consider adoption of a Resolution appropriating funds amount of $4,057.50 to cover travel costs to send a detective to the Forensic Science Academy training session. Chief Foster commented Todd Bailey had been selected to attend the Academy and only 12 are accepted each year. The trai travel costs. They are requesting that this amount be taken from the ATF Forfeitures Fund, which is an approved use for those funds. Counc Scheid made a motion to adopt the Resolution as presented; the moti Member Liles and carried by the following vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, McCarty, Scheid, Grose; Nays (0) – None; Absent (1) – Hare. Adopted Resolution No. 2209 appropriating funds in the amount of Science Academy training session The next item on the agenda was to consider adoption of a Resolution amount of for Roanoke Valley, Melva P. Jones Fund for Music supplies for the Mobile Community Services Unit. awarded to the Town of Vinton and they plan to use students in the two elementary schools in the Town. Council Member McCarty made a motion to adopt the Resolution as presented seconded by Council Member Scheid and carried by the following roll call Vote 4-0-1; Yeas (4) – Grose; Nays (0) – None; Absent (1) – Hare. Adopted Resolution No. 2210 appropriating funds in the amount of $1,820.00 Art, to purchase equipment and other needed supplies for the Mobile Community Services Unit The next item on the agenda was to consider adoption of a Resolution appropriat amount of $5,093.00 received from the Department of Criminal Justice Services and the Town’s required 4 Kits. Chief Foster commented that the intended use of these vests would be in the event of a school shooting or a workplace violence incident to provide our officers with these situations with maximum protection. He then purchased with the grant funds. They will purchase 20 vests with the grant funds and an additional four for each officer. Council Member Scheid commented that Chief Foster Committee meeting and brought a vests and that these vests would be kept in the trunk of the police vehicle and used only when there is an active shooter incident. Council Member Scheid made a motion to adopt the Resolution as presented; the motion was seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Nays (0) – None; Absent (1) – Hare. Adopted Resolution No. 2211 appropriating funds in the amount of match of $566.00 to pu The next item on the agenda was to consider appropriating funds in the amount of $3,403.65 for Department. on July 18, 2017, this vehicle was damaged during a response to an incident on the Roanoke River. As a result of the incident, the proper insurance filing was payment had Recoveries and Rebates account. The Town had to operating budget. This matter was reviewed by the Finance Committee and as a result of the use of this vehicle, the Executive Committee of the Volunteer First Aid Crew will be invited to attend the next Finance Committee on September 21st. commented that the Finance Committee had Executive Board of the First Aid Crew to ensure this does not happen again. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by and carried by the following roll call members voting: Vote 4-0-1; Yeas (4) – Liles, McCarty, Scheid, Grose; Nays (0) – Adopted Resolution No. 2212 appropriating funds in the amount of 5 The next item on the agenda was to consider adoption of a Resolution autho Holdren’s Country Store/Gish’s Mill property. Pete Peters first effectively monitor reaching our project goals. 50% match, but the Town’s purchase of the property more than exceeds this amount. This grant will pay for the assessment and event any environmental concerns are found, will put the Town in a pool of resources to mitigate any of those hazards. Upon approval of Council, we have drafted a contract with Draper Aden Associates to conduct this environmental review concurrently with the feasibility and conceptual plan study being done by Hill Studio. This will allow the potential developers of the site. Council Member Scheid made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, McCarty, Scheid, Grose; Nays (0) – None; Absent (1) – Hare. Adopted Resolution No. 2213 authorizing the Town execute a Performance Agreement to Brownfield’s Assistance Fund (VBAF) Development Partnership (VDEP) for the Environmental Phase I and Phase Store/Gish’s Mill property The next item on the agenda was to consider Office of Intermodal Planning and Investment (OIPI) Tier 3 Grant to support planning for an revisions to the zoning and subdivision codes of the designated Urban Development Areas (UDA). Anita McMillan commented involved planning process. In July of this year she was informed of a Tier 3 Grant from OIPI to assist in wanting to revise our very outdated ordinances having only revising them piece- 6 The grant application is due the end of August and is grant, the OIPI will select the planning consultant to help us to analyze our existing zo subdivision ordinances. One of the requirements in process. We should know if we receive the grant by September. The process would begin 2018. Ms. McMillan further commented that when $65-75,000 and she was pleased to find out that this grant is available. was brought before the Plannin submitting the application. choose the consultant and Ms. McMillan responded yes, but she was hoping th Renaissance to work with us since they were the This consultant is also working with Botetourt and Franklin Counties. Council Member Liles submitting the application as requested was seconded by Council Member McCarty members voting: Vote 4-0-1; Yeas (4) – Liles, McCarty, Scheid, Grose; Nays (0) – (1) – Hare. Approved planning for and adopting revisions to the designated Urban Development Areas (UDA) The next item on the agenda was to consider adoption of a Roanoke County Commonwealth’s Attorney. The Town Manager commented that o Commonwealth’s Attorney for a two- beginning July 1, 2015 and ending June 30, 2017. That Contract had originally b 2004. The Roanoke County Commonwealth’s Attorney has 7 a new two-year period beginning July 1, 2017 and ending June 30, 2019. Town staff has met with the contract and has discussed the same with staff from had referred the matter to the Finance Committee After compiling the contract, staff recommends that it not be renewed. Finance Committee has reviewed this matter over the past several months and met with the Commonwealth’s Attorney and then the Police Chief The contract has also been discussed with our Town Attorney and we can use her where we do need counsel to represent us. The Finance Committee recommends that we do not renew this Contract. Both Roanoke County and the Commonwealth’s Attorney’s office notified of the action taken. Council Member Scheid made a motion to adopt the Resolution, as revised; the motion was seconded by Council Member McCarty an following roll call vote, with all members voting: Vote 0-4-1; Yeas (0) – None; Nays (4) - Scheid, Grose; Absent (1) – Hare. Denied Resolution No. 2214 revised, authorizing the Town Professional Legal Services between the Town of Vinton and Roanoke County Commonwealth’s Attorney The next item on the agenda was a briefing on Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. Karla Turman former Col The Planning Commission had a Public Hearing on August 3rd one was for the proposed flea market and one was against it. Since the Public Hearing, one other citizen and business owner they were not in favor of the flea market. The Planning Commission voted 4-1 to recommend denial of the petition. The four members that voted but the wrong location. The one that voted in favor of it stated it was a good location, would bring in more revenue and felt the Town did not need another building to sit vacant like the old Rite-Aid 8 Ms. Turman further commented that with a Special Use Permit, Council could such as limiting the hours of the business and the types of items that can be sold; require that the access road between Niagara Road and Vinyard Road not be closed to alleviate some of the traffic off of Vinyard and Hardy. Mr. Braxton had furnished a regulations for his vendors and Ms. Turman provided Council with a copy. Mr. Braxton was in attendance at the meeting. Council Member Scheid asked if Council could restrict the use of the property to only indoor and Ms. that the signage that has been proposed is to reface the existing free-standing sign, but she did not have the exact amount of sign area that is allowed for that General Business District and there is one on the building and the free-standing sign. Mr. Braxton has but that would be on the inside of the building. The Town Clerk indicated that Council will have their Public Hearing on the matter at their September 5th meeting. that staff had done on this matter and that the Memo economic development perspective of this use was very helpful. The next item on the agenda was a briefing on Amendment to the Extra- of Roanoke, Town of Vinton and City of Salem. jurisdictions to have full powers of arrest within the other partnering jurisdictions. This agreement was remained in effect since that date. was system no longer exists and they 9 with the database systems that are currently being used. In further indicated that having the reporting procedure in the agreement was not necessary. It could complicate could lead to dismissal of some cases more Based on her recommendation and in agreement with the other Chiefs, they section entirely from the agreement. The Mayor indicated that the agreement will be on t approval. The next item on the agenda was a report from the Finance Committee. to the Rehab vehicle and the follow- Volunteer Fire Department. Metro ridership data so they can make a proposal to both Council and Valley Metro as to how we are going to revise our service. This will require a series of public hearings and we want to make sure schedule these public hearings. They are hoping to meet with the Valley Metro personnel at their next meeting on September 21st to review the hour- by-hour, stop-by-stop data that they have provided recommendation back to Council. Stormwater and the hiring a consultant to get that study completed so we can figure out what we need to do Stormwater fee. was a report from the Litter Committee Member Scheid met today and that t recycle bins were once located. 10 and parking lots and the Committee requested that the same flyer be sent to all of the commercial properties in the Town. The Committee the litter issue in the Town and what steps we are putting the trash in bags and in cans. They Department and their monthly clean- Town. The Chief will be working with the Sheriff to designate certain streets to be cleaned up. The Town Manager commented on some of the old trashcans that were downtown Public Works and for assisting with the litter efforts. Council Member Liles commented that he recently saw Mike Bandy up trash and t have had a very good response from Kroger, Bob Goodwill. that all three of them have attended at least one of their meetings. They have learned a lot about what we are trying to achieve and we have learned a lot from them about the challenges that they have. us to thanked her for her efforts. The Mayor commented that we are trying to 27th, and asked that Counci schedules. He commented on an email that went out concerning the Town Manager’s evaluation and that a suggestion has been made that we limit that setting at the retreat or some other time. The Under comments by Council: Council Member Liles commented on the success of the Gladetown Reunion. Council Member McCarty commented on the success of the Gladetown Reunion; welcomed Anne Cantrell back 11 Council Member Scheid commented on the event that happened in Charlottesville over the weekend and stated that it is all of our responsibility to stand up against intolerance, racism and violence and we have to advocate, preach and teach love, kindness and the beauty of civil rights. She then stated the names of the three people who died defending our rights— Trooper Berke M. M. Bates. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty carried by the following vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, McCarty, Scheid, Grose; Nays (0) – None APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date September 5, 2017 Department Fire/EMS Issue Proclamation - National Preparedness Month Summary National Preparedness Month reminds our citizens the importance of being prepared encase of an emergency and having a way to get reunited with your family encase you are separated during an emergency. Deputy Chief Linkous will make brief comments regarding this Proclamation. Attachment Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the Town of Vinton is committed to ensuring the safety and security of all those living in our town; and WHEREAS, September is recognized as National Preparedness Month and serves to remind all citizens the importance of being prepared in case of an emergency, now or throughout the year, for any and all types of emergencies that could affect us where we live, work or even visit; and WHEREAS, this year’s theme “Disasters Don’t Plan Ahead. You Can”, will continue emphasis on preparedness, particularly for the youth, elderly and persons with disabilities; and WHEREAS, emergencies can happen at any time so we should all take action to prepare before an emergency happens and make a plan by using these 4 steps; and WHEREAS, Step 1--ask yourself and your family some simple but important questions--How will I receive emergency alerts? What is my shelter plan? What is my evacuation route in-case I have to leave the Town and How will I communicate the plan to my family?; and WHEREAS, Step 2--consider specific needs in your household such as how friends and family can assist each other with communication, care of children, pets and specific needs like the operation of durable medical equipment such as oxygen systems or having enough prescription medications; and WHEREAS, Step 3--fill out a Family Emergency Plan, an example of which can be found and downloaded at WWW.Ready.Gov/make-a-plan along with other great ideas for preparedness ; and WHEREAS, Step 4--practice your plan with your family because the best laid out plans are useless if you do not practice how to use them. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim the month of September, as NATIONAL PREPAREdNESS MONTH in the Town of Vinton and urges all the people of the Town of Vinton to be prepared encase of an emergency that is created by man or nature. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 5th day of September, 2017. Bradley E. Grose, Mayor Meeting Date September 5, 2017 Department Planning & Zoning Issue Consideration of public comments regarding the petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. Summary During Town Council meeting held on August 15, 2017, members were briefed on Mr. Braxton’s petition. A flea market is allowed in the GB General Business District only after obtaining a Special Use Permit. On August 3, 2017, the members of the Planning Commission voted 4-1 to recommend that Town Council deny the petition. Attachments Staff Report and Supporting Documents Petitioner’s Presentation Ordinance Recommendations Conduct Public Hearing Motion to adopt Ordinance Town Council Agenda Summary OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE FOUNDERS AND OWNERS We the People Flea Market FOUNDERS AND OWNERS We the People Flea Market A flea market welcoming vendors and shoppers for a clean, safe, and fun atmosphere for the entire community. We the People Flea Market PROBLEM WORTH SOLVING Flea Markets are usually: •Unorganized with little space for vendors to park and set up. •Clean facilities such as bathrooms are almost non existent. •Food selection is very limited. •Random permanent structures clutter property. •No security Example: Happy’s We the People Flea Market OUR SOLUTION •Parking for vendors will create walkways that prevent congestion. •Outdoor vendors will only be temporary. •Outdoor vendors may bring canopies, trailers, tables, etc. but everything must go home with them at days end . •Clean indoor bathrooms with baby stations will be managed by staff members. •Many food options are available including restaurant, snack bar, and a coffee shop. •Security from off duty police officers. We the People Flea Market COMPETITIVE LANDSCAPE We the People Flea Market Competitors •County Line (New London) •Buchanan How our solution is better Location means Vinton money stays in Vinton with money from surrounding areas coming to Vinton. Better facilities and rules to prevent another Happy’s . SALES CHANNELS We the People Flea Market will offer rental spots to vendors to enable opportunities to earn income in an environment where vendors and shoppers alike can come together as a community. We the People Flea Market Tuesday – Sunday: 6 a.m. – 3 p.m. Monday: Closed Schedule MARKETING ACTIVITIES Centralized location where multiple businesses and shoppers can shop, sell, and advertise. Advertising will be available with banners on inner walls. Networking becomes more convenient with wifi , restaurant, snack bar, and coffee shop. Promotions and updates will be available on Facebook, Twitter, and our company website. We the People Flea Market VENDORS, TAXES, VACANCY Vendors must complete application provided to the council. Indoor, permanent vendors must have a Vinton Business License. Sales Tax, Revenue Tax greater than $0 Tax Vacancy is an underutilization of any property. We the People Flea Market COMMUNITY AWARENESS Anyone involved in Thursday clean up days around Vinton will receive a free outside rental for Friday following cleanup. Cleanups will be coordinated. Traffic accidents will be countered with a 6 am – 3 pm hours of operation. Community Center will provide opportunities for Town of Vinton to spread any information they seem fit such as events or news, any department in public safety for classes, events, or recruitment. Girl Scouts/Boy Scouts, etc. We the People Flea Market Front Office Security Office Front Office Security Office ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, SEPTEMBER 5, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to approve the petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Vinton, Virginia, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. WHEREAS, on July 13, 2017, a letter was mailed to surrounding property owners notifying them of the SUP request and informing them of the dates and times of the public hearings of the Planning Commission and Town Council; and WHEREAS, on August 15, 2017, at the regularly scheduled meeting of Town Council, the Council members were brief on the SUP request; and WHEREAS, the Planning Commission held a public hearing on August 3, 2017, and the Town Council held a public hearing on September 5, 2017, after giving notice in accordance with §15.2-2204, Code of Virginia, as amended. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that the petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Vinton, Virginia, Tax Map Numbers 60.20-3-81.02 and 60.20-3- 81.03, zoned GB General Business District be approved. This Ordinance adopted on motion made by Council Member ________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date September 5, 2017 Department Police Issue Consider adoption of a Resolution authorizing the Town Manager to execute an Amendment to the Extra-Territorial Arrest Agreement between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem Summary The Extra-Territorial Arrest Agreement dated April 13, 2013 between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem has been amended to delete Section 3, Notification, in its entirety. This section was removed because the program RACJIN is no longer in use and Chief Assistant Commonwealth Attorney Betty Jo Anthony felt that the reporting criteria in the agreement provides unnecessary complications that could lead to dismissal of cases in court. All other provisions in the Agreement remain in effect. Council was briefed on this matter at their August 15, 2017 meeting. Roanoke County has already approved and executed the Agreement. Attachments Amendment to Extra-Territorial Arrest Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary Page 1 of 8 AMENDMENT TO EXTRA-TERRITORIAL ARREST AGREEMENT THIS AMENDMENT , made and entered into the ____ day of __________, 2017, by and between the CITY OF ROANOKE, VI RGI NIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Roanoke", the COUNTY OF ROANOKE, VIRGI NIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "County", the TOWN OF VINTON, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Vinton", and the CITY OF SALEM, VIRGI NIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Salem". WHEREAS, the City of Roanoke, Virginia, County of Roanoke, Virginia, Town of Vinton, Virginia, and City of Salem, Virginia entered into an Extra-Territorial Arrest Agreement dated April 13, 2013; and NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: Paragraph 3 of the original Extra-Territorial Arrest Agreement is deleted in its entirety; and the entirety of the Amended Agreement is set forth below. W ITN E S S E T H WHEREAS, officers of the Town of Vinton, County of Roanoke, and the cities of Roanoke and Salem police departments have occasion during the course of their employment as town, county, and city police officers to be on duty outside the corporate boundaries of the political subdivision which employees them; and WHEREAS, it is the intent of Roanoke, Salem, Vinton, and the County to bestow extraterritorial arrest powers upon such officers who, while on duty outside the corporate boundaries of the political subdivision which employees them, observe certain offenses committed in their presence, without the creation of any additional liability for the political subdivision where the arrest occurs or its officers and employees; and WHEREAS, Section 15.2-1736 of the 1950 Code of Virginia, as amended, provides that the governing bodies of localities may, by proper ordinances or resolutions, enter in and become a party to contracts or mutual aid agreements for the use of their joint forces, both regular and auxiliary, their equipment and materials to maintain peace and good order. NOW, THEREFORE, for and in consideration of the undertakings of the parties to this Agreement, Roanoke, Salem and the County covenant and agree, each with the other as follows: 1. Definitions -As used in this Agreement, the following words and phrases shall have the meanings ascribed to them in this section. Roanoke - Shall mean the City of Roanoke, Virginia. Salem - Shall mean the City of Salem, Page 2 of 8 Virginia. County- Shall mean the County of Roanoke, Virginia. Town - Shall mean the Town of Vinton, Virginia. Extraterritorial arrest power - Shall mean the right, power and authority of an officer of the City of Roanoke, County of Roanoke, City of Salem, or Town of Vinton police department while in Roanoke County, the City of Roanoke, Salem, or Vinton to stop and effect arrests and otherwise enforce the law with respect to any violation of a state law which an officer would be required to act upon if working a regular tour of duty in their jurisdiction of employment. This section does not apply to, or include officers working in any off duty capacity, otherwise referred to as secondary police related employment. Officer- Shall mean any sworn officer of the respective police departments of Roanoke, Salem, Vinton, and the County. On Duty - Shall mean working an assigned tour with the employing law enforcement agency. Qff Duty - Shall mean that period of time during which an employee would not normally be scheduled or required to engage actively in the performance of police duties. This section does not apply to, or include officers working in any off duty, secondary police related employment. State Code - Shall mean the (1950) Code of Virginia, as amended. 2. Extraterritorial Arrest Power -An officer in Roanoke, Salem, Vinton, or the County shall possess extraterritorial arrest power while on d uty when any violation of state law becomes known to the officer, or probable cause exists to effect an arrest. This section is not Inclusive of any individual city, county, or town codes which reciprocal agreements do not cover. Any officer effecting or attempting to effect an extraterritorial arrest under or pursuant to this Agreement shall have the same rights, powers and authorities as the officer would possess in making or attempting to make an arrest in the political subdivision employing the officer under similar circumstances. Nothing in this Agreement shall be construed as requiring an officer to effect an extraterritorial arrest. 3. Responsibility of the Parties - Roanoke, Salem, Vinton, and the County agree that to the extent permitted by applicable law, each party to this Agreement will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with any extraterritorial police activity contemplated under this Agreement, but nothing contained herein shall be construed as a waiver of the sovereign immunity of any locality. 4. Operational Policies - Any officer effecting an extraterritorial arrest shall comply with the operational policies of his own department. Roanoke, Salem, Vinton, and the Page 3 of 8 County agree to hold their own officers, respectively, responsible and accountable for compliance with operational policies of the employing department. 5. Cooperative Joint Operations – Pursuant to this Agreement, a law enforcement officer from any of the participating localities who has the rank of lieutenant or higher may coordinate with a law enforcement officer of another participating locality of the rank of lieutenant or higher to coordinate a joint law enforcement operation that they believe will serve to better protect the health, safety and welfare of the citizens of their respective locality and the Roanoke Valley. 6. No effect on existing powers – This Agreement shall not supersede, restrict, limit or otherwise impair or affect extraterritorial arrest powers already existing pursuant to §15.2-1724. Police and other officers may be sent beyond territorial limits; §15.2-1727. Reciprocal agreements with localities outside the Commonwealth; §15.2-1728. Mutual aid agreements between police departments and federal authorities; §15.2729. Agreements for enforcement of state and county laws by federal officers of federal property; §15.2-1730. Calling upon law-enforcement officers of counties, cities or towns for assistance; §19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth; §19.2-249. Offenses committed on boundary of two counties, town cities, or county and city, etc.; where prosecuted; §19.2-250. How far jurisdiction of corporate authorities extends; and other sections of the State Code or any authority or power existing under the City of Roanoke Charter of 1952 or the City of Salem under the City of Salem Charter. 7. Rights of Officers – While acting under or pursuant to this Agreement, any city officer in the county, any town officer in the city or county, or any county officer in the city shall have all the Immunities from liabilities and exemptions from laws, ordinances and regulations and shall have all the pension, relief, disability, Workers’ Compensation and other benefits enjoyed by the officer while performing his/her respective duties within the territorial limits of his/her political subdivision. 8. No Backup – This agreement shall not be construed as requiring any city officer to act in the county or town, any town officer to act in the city or county, or any county officer to act in the city or town upon request to supplement or replace routine patrol or enforcement activities. 9. Loss or Damage to Equipment – The localities shall have no liability for any destruction, loss or damage of any motor vehicle, equipment or personal property owned and operated by the other localities in the exercise of extraterritorial arrest power under or pursuant to this agreement. 10. Immunities – This agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the localities, any officer, agent or employee of the localities. Page 4 of 8 11. Termination – any party to this agreement shall have the right to terminate this agreement, with or without cause, by giving written notice to the chief administrative officer of the other parties by certified mail, return receipt requested. Any termination shall be effective 10 days after receipt of notice of termination. 12. Completeness of Agreement – This agreement represents the entire and integrated agreement between Roanoke, Salem, Vinton, and the County and supersedes all prior negotiations, representations or agreement, either oral or written. This agreement may be amended only by written instrument signed by authorized representative of Roanoke, Salem, Vinton, and the County. 13. Gender – Any word importing the masculine gender used in this agreement may extend to and be applied to females as well as males. 14. Effective Date – This agreement shall be effective immediately upon its execution by ail of the parties hereto. IN WITNESS WHEREOF, the City of Roanoke, Virginia has caused this agreement to be signed and attested on behalf of the City by the City Manager and City Clerk, respectively, and the City of Salem, Virginia has caused this agreement to be signed and attested on behalf of the City by the City Manager and City Clerk, respectively, by the Town Manager on behalf of the Town of Vinton, and the County of Roanoke, Virginia has caused this agreement to be signed and attested on behalf of the County by the County Administrator and Clerk to the Board of Supervisors. Page 3 of 8 CITY OF ROANOKE By___________________________________ City Manager Attest: ______________________________ City Clerk Approved as to form: _______________________________ Roanoke City Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by __________________, City Manager, on behalf of the City of Roanoke, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Page 4 of 8 CITY OF SALEM By___________________________________ City Manager Attest: ______________________________ City Clerk Approved as to form: _______________________________ Salem City Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by __________________, City Manager, on behalf of the City of Salem, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Page 5 of 8 TOWN OF VINTON By___________________________________ Barry W. Thompson, Town Manager Attest: ______________________________ Susan N. Johnson, CMC, Town Clerk Approved as to form: _______________________________ Vinton Town Attorney State of Virginia, Town of Vinton, to wit: The foregoing agreement was executed before me this 5th day of September, 2017, by Barry W. Thompson, Town Manager, on behalf of the Town of Vinton, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Page 6 of 8 COUNTY OF ROANOKE By___________________________________ County Administrator Attest: ______________________________ Clerk to the Board of Supervisors Approved as to form: _______________________________ Roanoke County Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by Thomas Gates, County Administrator, on behalf of the County of Roanoke, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, SEPTEMBER 5, 2017 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, in April of 2013 an amended extraterritorial agreement was executed by the County of Roanoke, the City of Roanoke, the City of Salem and the Town of Vinton expanding the arrest powers of officers in those jurisdictions to any violation of state law and to extend that authority to off-duty officers, except those engaging in off duty secondary police related employment outside their normal jurisdictions, as a concrete example of governmental cooperation; and WHEREAS, in April 2013 the police departments in the Roanoke Valley were using the Roanoke Area Criminal Justice Information Network (RACJIN) system to share information. The current extraterritorial arrest agreement references RACJIN and requires a notification of extraterritorial arrests if that system is not used. RACJIN is no longer being used as all of the participating agencies are participating in the State-wide LINX system. Since that time, the regional information sharing system used by the Page 1 of 3 police departments has changed. As a result, the requirement for notifications is no longer needed. The requested revision of the agreement will delete Section 3 Notifications." All other provisions of the existing agreement will remain the same; and WHEREAS, Section 15. 2- 1736 of the 1950 Code of Virginia provides that the governing bodies of localities may enter in and become a party to contracts or mutual aid agreements for the use of their joint forces, both regular and auxiliary, their equipment and materials to maintain peace and good order; and WHEREAS, Section 15. 2-300 of the 1950 Code of Virginia provides for the joint exercise of powers by political subdivisions of the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Amendment to the Extra-Territorial Arrest Agreement between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the said Agreement and any other necessary documents in furtherance of the same. 2 This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date September 5, 2017 Department Council Issue Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for the annual evaluation of the Town Manager Summary None Attachments Certification of Closed Meeting Recommendations Reconvene and adopt Certification of Closed Meeting Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, SEPTEMBER 5, 2017 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by ___________________ and seconded by _________________ with all in favor. ___________________________________ Clerk of Council