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HomeMy WebLinkAbout4/5/2011 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilmember Carolyn D. Fidler, Vice Mayor Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember VNITUTIS-07117114WITIMIM mom In 11444 UjFams im �- M - W WIN 11M LA M V 14 R1 OID] M Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 B. INVOCATION — Eric Slusher, Youth Minister at Lynn Haven Baptist Church C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG NUT I OEM= 1. Recognize Public Works Crew Leader Gary Hodges on his Retirement — Resolutilm I 1910 2. Recognize Sergeant Greg Jones' Service in the U. S. Army Reserve — Resolution No. 1911 F. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda 1. Article V, Supplementary Regulations, Division 4 Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2. The proposed amendments are related to the allowance of temporary family health care structures in single- family residential districts. — Ordinance No. 908 2, Article VI, Nonconforming Uses and Features, Section 6-7, Damage tit: nonconforming buildings and uses. The proposed amendments are related to thit definition of an "act of God", as well as the addition of accidental fire, — Ordinance No, 909 3, Article VII, Administration and Enforcement, Division 1, Zoning Administrator, Section 7-2, Duties of the zoning administrator, and Division 3, Site Plan Review, Section 7-25, Expiration of approved site plan The proposed amendments are related to the authority of the zoning administrator and the period for which an approved site plan is valid. — Ordinance No. 910 ► IA, Board of Zoning ►.#- Section 9-14, Expiration of variance or speci;.j exception. The proposed amendments are related to documents provided to ke the variance or special exception valid. — Ordinance No. 911 1 5. Proposed amendment to ► X, Definitions, Section 10-2 is related to the definition of a group home. The change is per a change in the state's definition Ordinance No. 912 ms��� I Request to Approve Annual Contract for Employee Health Insurance — Resolution No, 1912 2. Consider Proposed Ordinance No. 913 Allowing Urban Chickens J. MAYOR • NEXT TOWN COUNCIL MEETING: NT101 N 12VI *141541 -11 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 10 Q III j QI i'Ll [to R§L4LAj a a QLAI MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Theresa Fontana, Acting Town Attorney Darleen Bailey, Town Clerk Michael Kennedy, Public Works Director Stephanie Dearing, Human Resources Manager Herb Cooley, Police Chief Mary Beth Layman, Special Programs Manager Anita McMillan, Planning Director Barry Thompson, Finance Director/Treasurer Karla Turman, Associate Planner Ben Cook, Police Captain Joey Hiner, Assistant Public Works Director Steve Doyle, Vinton Police Department A� 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D, CONSENT AGENDA 1. Request to Approve Minutes for February 1, 2011 Regular Meeting E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda G. TOWN ATTORNEY H. TOWN MANAGER 1. Request to Allocate Revenue Funds to Public Works Expenditure Account — Resolution No, 1906 I. MAYOR J. COUNCIL K. ADJOURNMENT WORK SESSION 1. Discussion — Urban Chickens 2. Proposed Zoning Ordinance Amendments a. Temporary Family Health Care Structures b. Definition of "Act of God" c, Authority of Zoning Administrator d. Documents for Variances or Special Exceptions e. Definition of a Group Home 3. Town of Vinton Community Development Block Grant Business District Revitalization Grant Proposals 4. Discussion - Personal Property Tax Rate and Real Estate Tax Rate 5. Water and Sewer Rates Discussion Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll Roll call, invocation and call, Mr. Billy Booth gave the invocation and Mr. Alfice led the Pledge of Pledge of Allegiance tt, Allegiance to the U.S. Flag. U.S. Flag. The Consent Agenda was approved on motion by Mr. Hare and seconded Approved Consem by Ms. Fidler. The motion passed with all in favor. Agenda I Karla Turman reported that the Vinton Relay for Life is scheduled for April 15'h and 16'h at William Byrd High School. She noted that she would be replacing Laura Reilly this year as team leader for the Town of Vinton's team, The Strong Striders. She reviewed the planned fund raising events for this year. Mr. Lawrence thanked Ms. Turman for stepping up as team leader. Ms. Turman advised that the goal for the Town's team this year is $4,500 and the goal for the entire event is $100, 000. Brenda Barbour reported a traffic issue near her home at 234 Cedar ♦ She recommended extending "No Parking" • down to the •• sign on Third Street near Manna Ministries. She explained that people who are going into the Manna Ministries building, park • both sides • the street and block a portion of the roadway which is a safety concern, especially because of vehicles that speed down that road. Police Officer Dalton spoke in support • Ms. Barbour's comments. Mr. Lawrence advised that he would have staff take a look at the situation and have the Highway Safety Commission look at it to see if they can come up with a solution to the problem. It was noted that a Highway Safety Commission meeting has been scheduled for March I 91h . The Town Manager asked Ms. Barbour to leave her phone number with the Town Clerk and someone would get in touch with her to let her know when and where the Highway Safety Commission meeting would take place, Mayor Grose noted that the Town Attorney, Elizabeth Dillon was unable to attend and welcomed the acting Town Attorney, Theresa Fontana. Mr, Lawrence reported on a request to appropriate funds to repair a Public Adopt Resolution No. Works pick-up truck that was damaged by a Town citizen, He noted that 1906 appropriating this request was a necessary accounting action. He went on to say that revenue funds to pay the Town had received an insurance payment to pay for the truck repair costs to have vehicle which needs to be allocated to an expense account, repaired. J��Jmwq mim 1111n; 1111mill gg 11 Wmf M i "1 0. row 2 revenue funds to a Public Works expense account to have a vehicle repaired. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote. Mr. Lawrence reported that staff is holding several public hearing information meetings that are required by the State in order to qualify for grant funding for the Vinton Community Development Block Grant Business District Revitalization Grant proposals. He further reported that the second meeting was scheduled for Thursday, March 10", at 5:30 p.m. in Council Chambers to present the proposed projects to the public and answer any questions that may come up. Mr. Lawrence went on to say that Council will be voting on a request to submit a $700,000 grant application to revitalize downtown, at their next meeting on March 15, 2011. The Town Manager announced ribbon cuttings that had been scheduled in the next couple of weeks and two after-hours events, Mayor Grose thanked the Vinton Area Chamber of Commerce for their efforts to move the Town forward. Ms. Fidler commented that it was very disappointing that very few people showed up at the Downtown Revitalization Meeting that had taken place the preceding Thursday evening. Mayor Grose pointed out that there have been changes in the original concept and encouraged everyone to attend the next public meeting to see what those changes are. TXIW�Tel=, — #Z # 1. Discussion — Urban Chickens The Town Manager acknowledged a letter from Dave Jones on the issue of urban chickens. Ms, McMillan reported that the Planning Commission discussed the issue at a work session on February 8th and recommended that the proposal be forwarded on to Town Council with some minor changes. She noted that the Planning Commission was not required to hold a public hearing on the issue as i) would be regulated by the Animal Control Ordinance and not the Zoning Ordinance or Comprehensive Plan. 1. Allowing no more than four chickens 2. A one -acre lot requirement 3. A 25' setback from adjoining property lines for a permanent chicken coop and 50'from any residential structure. 3 4, For portable chicken tractors, staff recommends a setback of 20' and 10' from adjoining property. 5. Roosters would not be permitted. Ms. McMillan reported that a section of the proposed ordinance that required the removal of chicken feed after the chickens have been fed, was deleted because they eat continuously. Ms. Fidler reported on information that Dave Jones had gotten from Mr. Paul Russler who is with the Virginia Tech Science Department. He recommended allowing Ms. Michelsen and Ms. Scheid be allowed to keep chickens on a trial basis to see what occurs. After an appointed time period, the process could be evaluated and ended if more problems arose than were anticipated. Ms, McMillan recommended staying with the requirements in the current proposed ordinance. # ,# that the Planning Commissioners felt that the Townshould t4at least give it a try". Bruce Mayor stated that he felt that the two square feet per bird requirement for the chicken coops should be four feet. He also felt the Town should have a maximum size requirement. He disagreed with lot size requirement of 1 acre and felt it should be less. Mr. Nance stated that he supported the concept and felt property owners should be able to do what they want on their own property as long as it does not unduly harm their neighbors. He recommended allowing four to eight chickens but felt that the 10 foot setback for the portable coops was too close and suggested that it be doubled to 20 yards.Ms. Fidler spoke in favor of the requested ordinance. Mayor Grose expressed concerns about allowing chickens to be kept within the Town limits as well as the 10 foot setback for portable coops and fact that chicken coops could be located in side Mr. Mayer spoke in favor of allowing the chickens and pointed out that it is something that retired people want to do. Mr. Lawrence stated that a public hearing would be scheduled for April if Counal wants to move forward with approving theproposed ## 11 Mick Michelsen and Billy Booth both felt the Planning Commission supported the ordinance. Mr. Nance stated that he felt it was time for Council to advise staff oy any changes to the proposed ordinance and to schedule a public hearing. He added that he felt the number of chickens allowed should be increased to six and that there should be a maximum limit on the size of the coop. Mr, Nance also felt that portable coops should be at least 20 feet from the property line, Janet Scheid stated that she had no problems with any of the suggested requirements but questioned the Mayor's concerns with allowing coops to be located in the side yard. She pointed out that doghouses can be kept \A(Ithin three feet of a property line, She also questioned construction requirements for chicken •## There was a consensus of Council that staff be instructed to amend the proposEL# ordinance with the addition of '# .#! '. 2nd to schedule a public hearing for April 5, 2011. 10 The Town Manager pointed out that the proposed amendments to the Town's Zoning Ordinance are State generated and requires that the Town Code conform. If not, the Town would very likely lose control of the issues which would revert to the Turman Ms. Turman reported that the State Code allows the Town I; iw charge a permit fee and conduct an inspection each year or require the property owner to submit a letter to the Planni *ffice stating that the med cottage continues to be needed. Brief discussions ## place regarding the lengthof Ms. Turman commented that she does not anticipate the Town having a problem with the med cottages. However, she felt it would be wise for the Town to prepare for them in order to have some control over when they are installed and wher they are removed. 1W -00 16 1 110*111116MU1116"" Item b. Under Article IV, Nonconforming Uses and Features, Damage to non -conforming buildings and uses, the proposed amendments are related to the definition of an "act of God" and the addition of "accidental" fire. Item c. Under Article VII, Administration and Enforcement, the proposed amendments are related to the authority of the zoning administrator and the period for which approved site plan is valid, Item d. Under Article IX, Board of Zoning Appeals, Expiration of variance or special exception, the proposed amendments are related to documents provided to keep the variance or special exception valid. Currently, the zoning ordinance has both variance and special exception together in the same section, Staff is proposing that they be separated because the documents which would keep them valid are different. A variance requires that a site plan be submitted with a year, whereas a site plan submittal is not required for a special exception. Item c. Under Article X Definitions, the proposed amendment is related to the definition of a group home. The change is required due to a change in the state's definition. Mr. Lawrence advised that a public hearing would be scheduled for the April 5 Council meeting to take comments and questions on the five items. 3. Town of Vinton Community Development Block Grant Business District Revitalization Mr. Lawrence reported that the application for the $700,000 Community Development Block Grant for The Town of Vinton Downtown Business District Revitalization was due March 30th . He went on to say that the Town would be notified in July as to whether or not it is approved. Ms. McMillan stated that she had met with the Department of Community Development staff in Richmond who recommended that the Town apply for the �#,rant. She noted that during her discussion, she had been advised to extend the I proposed project's boundaries to include the Dunman Floral building and the former Vinton Ford building. Ms. McMillan briefly discussed the advertising process which included two publm informational meetings. I Ms. Fidler asked that as many business owners as possible be notified by email of the upcoming public meeting. The Town Manager noted that information on the proposed Downtown Business District Revitalization project can be found on the Town's Facebook Page, on Twitter and the Town's website. Mary Beth Layman added that the Vinton Chamber of Commerce was including it in its news -letter as well. Staff and Council briefly discussed some of the properties that could be involved in the proposed revitalization project. 1111111�1111rli 11; Mr. Lawrence stated that he wanted to get Council's comments on whether they wish to keep the Personal Property Tax Rate and Real Estate Tax rates the same. He noted that staff recommends leaving the real estate rate at $,03 per $100 of assessed value and the personal property tax rate at $1 .00 per $100 of assessed value. Mr. Thompson advised that this year's real estate assessment increase was 0.29 over last year's assessment. He pointed out that each penny on the tax ra generates approximately $46,998. WIN NOZ111181 Tom= I Mr. Lawrence reported on two options to improve the Utility Fund Account that is currently $125,000 in the "red" and will be $308,000 further in the red by the end of June, 2011, if staff does nothing, He discussed the possibility of deferring two capital projects and a proposed'15% rate increase in water and wastewater service to help bring the Utility Account into balance. Following questions from Council on how the increased rate would affect water/sewer bills, Mr. Thompson showed examples of how it would affect minimum, average, high use and business customers, Mr. Nance inquired as to when rates would have to be raised again if Council approves the 15% increase. Mr. Kennedy replied that it would be raised again on January 1, 2012 and every January afterwards until the Utility Fund is stable. He then showed Council a comparison of Ii the Town's rate with those of the Western Virginia Water Authority and other area providers, Mr. Thompson advised that staff has discussed the possibility of sending out bills on a monthly basis rather than by -monthly. 11111��1�11�11111�!Jp� ATTEST: H.' Bradley E. Grose, Mayor ACTION NO: Reso. 19 10 ITEM NO: E- I TO: TOWN MANAGER'S OFFICE FROM: Public Works Director DATE: 10 March 2011 SUBJECT: Recognize Crew Leader Gary Wayne Hodges upon occasion of his retirement ISSUE/PURPOSE: To recognize Gary Hodges upon his retirement from the Town of Vinton with 31 years of dedicated and loyal service. His service with the Town's Public Works Department began on 15 January 1980 as a Laborer and he was promoted to Truck Driver in April 1980, In recognition of his talent and skill, he was soon promoted to Foreman in July 1981 and then to General Foreman in 1987. The General Foreman title was changed to Crew Leader in 1996. During his exemplary career, he performed virtually every duty in the department including: street & alley maintenance, snow removal & de-icing, traffic signs & signals, water., wastewater, and community event support. His knowledge and experience in these diverse responsibilities made him a highly valuable member of the Public Works team. Gary was a superb leader, trainer, and mentor to countless department employees. He imparted his knowledge and experience to improve subordinates performance, growth, and development; and enhance service delivery to customers. Some whom lie mentored hold key leadership positions in the Public Works Department today. He is unquestionably a key contributor to the department's professionalism and commitment to service quality. Gary's service was particularly noteworthy during catastrophic flood events in 1985 and 1992. His singular efforts to recover equipment and repair damage around town, routinely working long hours, enabled Town government and citizens to quickly resume normal activities. Gary's exceptional performance was also the hallmark of snow removal and de-icing operations. He set the high standards as a leader and teacher during these extreme events and deserves the lion's share of credit for the excellent reputation this Town enjoys to this day for prompt and effective snow removal. Throughout his career with the Town, he worked overtime in response to countless emergencies that necessitated time away from family on holidays and other events. This is yet another example of his total dedication and commitment to theTown. Gary was the "go to" guy in the department. He is held in highest regard by his supervisors, peers, and subordinates. The extraordinary performance he displayed during major weather events was in fact Gary's personal work standard and ethic every day of his 31 years with the Town. He will be greatly missed. ACTION REQUESTED: Town Council approve a resolution recognizing Gary Hodges for his 31 years of exceptional service upon his well -deserved retirement, CITIZENS COMMENTS: Numerous favorable comments received over the years can be attributed to work performed by Gary and the people he trained, Attachments: Resolution# 1910 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 15,2011 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, Gary Wayne Hodges faithfully and loyally served the Town of Vinton since 15 January 1980; and WHEREAS, Gary Wayne Hodges' exceptional performance as a Crew Leader set a standard of excellence for others to emulate; and WHEREAS, Gary Wayne Hodges skills as a teacher and mentor greatly improved the Public Works Department's professionalism-, and WHEREAS, Gary Wayne Hodges' service was particularly noteworthy during catastrophic flooding events and countless major winter snow and ice storms; and WHEREAS, Gary Wayne Hodges' outstanding service over 31 years improved the quality of life for Town citizens and our water and wastewater customers in East Roanoke County. NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby express its gratitude and appreciation to Crew Leader Gary Wayne Hodges upon the occasion of his I July 2011 retirement from the Town of Vinton. Town Council also extends best wishes to Gary, his wife Judy, and his family for much joy and happiness in the years ahead. NAYS: laustems MLTAMI ATTEST: Darleen R. Bailey, Town Clerk RESOLUTION NO. 1911 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 52011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, Sergeant Gregory Scott Jones has been employed by the Vinton Police Department since 1998, and WHEREAS, Sergeant Jones has faithfully and professionally served the Vinton Police Department and the citizens of the Town of Vinton, and WHEREAS, Sergeant Jones is currently serving in our Nation's armed forces as a Sergeant in the United States Army Reserve, and WHEREAS, Sergeant Jones has been called for duty by the United States Army to serve in Iraq, and WHEREAS, Sergeant Jones's dedication to public service is apparent by his duty to the citizens of The Town of Vinton as well as the citizens of the United States of America. NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Vinton recognize Sergeant Jones for his dedication to service and to the protection of life and liberty of our citizens. On behalf of the Town of Vinton, we pledge our support and wish you good luck on your assignment. Bradley E, Grose, Mayor HIRM Darleen R. Bailey, Town Clerk 7'ol,vn of Tinton L,W--..aj WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and, WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and, WHEREAS, Arbor Day is now observed throughout the nation and the world; and, WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and, WHEREAS, trees are a renewable source giving us paper, wood for our homes, fuel for our fires and countless other wood products; and, WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and, WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE, 1, Bradley E. Grose, Mayor of the Town of Vinton, Virginia, do hereby proclaim April 21, 2011 as "ARBOR DAY" in the Town of Vinton, and urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this I" of April, 2011. Bradley E. Grose, Mayor Adopted this 23rd day of March 2011 A WHEREAS, the Roanoke Valley Resource Authority ("Authority"), in accordance with the provisions of the Virginia Water and Waste Authorities Act, intends to establish a revised schedule of rates, fees, and charges to be charged by the Authority to users of the Authority's garbage and refuse collection and disposal system and related facilities ("System"), providing for the following changes in the Authority's rates, fees, and charges: (i) decrease the "Tires" fee from $1401ton to $1201ton; (ii) increase the "Uncovered Vehicles" fee from $10 to $25; (iii) increase the "Minimum Charge For Per Ton Fees" from $5 to $10 (iv) increase the "Wood Mulch Sales" fees for: - "Single Axle Dump Trucks" from $20/1oad to $30/1oad; - "Tandem Dump Trucks" from $30/1oad to $50/1oad; and, - "Tractor Trailers" from $90/1oad to $130/load; (v) add an "Alternate Daily Cover" fee of $25/ton; (vi) add a "Vehicle Weigh" fee of $25 1; iill I "I iiiiiii ii�l 100711AW-rd-Z-Off fftpla "0-111111 i :lliliiiivi IiIiiiii r, ill i. 1. Fees and Charges. The Authority hereby adopts the preliminary schedule of revised rates, fees, and charges to be charged by the Authority effective July 1, 2011, for the use of the System are as set forth on Exhibit A, which is attached to and incorporated in this resolution. 2, Public Comment Hearing. A Public Comment Hearing conducted by Authority Staff is hereby scheduled for 7,00 p.m. on June 15, 2011 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges, 3. Public Hearing. A Public Hearing is hereby scheduled for the Authority's regularly scheduled June Board Meeting at 12:00 p.m. on June 22, 2011 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges, 4. Notice of Public Hearing. The Chief Executive Officer and Secretary of the Authority are authorized and directed to publish the required Notice of Public Hearing setting forth the preliminary schedule of revised rates, fees, and charges to be given by two publications, at least 6 days apart, in a newspaper having general circulation in the area to be served by the Authority at least 60 days before the date fixed in such notice for the hearing. The Authority Secretary is authorized and directed to mail a copy of such Notice of Public Hearing, including this Resolution, to the Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the City Council of the City of Roanoke. After such public hearing, the preliminary schedule, either as originally adopted or as amended, may be adopted and put into effect. 5. Effective Date. This Resolution shall take effect immediately ATTEST: � " 4 M, —I � �-�,a, 2a hQT ' Charles RVRA Board Secretary Ms. Green made a motion to approve resolution RA2011-573 setting forth the Authority's preliminary schedule of revised rates, fees, and charges, seconded by Mr. Tensen, and carried by the following recorded vote: AYES: Ms. Green, Mr. Kennedy, Mr. Levy, Ms. Owens, Mr. Tensen NAYS: None ABSENT: Mr. Bengtson, Ms. Snyder Exhibit A Pursuant to Section 15.2-5136 of the Code of Virginia 1950, as amended, notice is hereby given that the Roanoke Valley Resource Authority ("Authority") will hold a public hearing on its schedule of fees and charges to be assessed in connection with the use of the Authority's garbage and refuse collection and disposal system and related facilities as follows: MUNICIPAL WASTE $45.00 PER TON COMMERCIAL WASTE $55.00 PER TON CONSTRUCTION ARID DEMOLITION WASTE $55.00 PER TON WOOD WASTE CLEAN LOADS OF UNTREATED BRUSH OR WOOD FOR TUB GRINDING $35.00 PER TON TIRES $120.00 PER TON TIRES MIXED WITH OTHER WASTE PREVAILING RATE PLUS $5.00 PER TIRE SPECIAL WASTES (ACCEPTED ONLY WITH PRIOR APPROVAL AND NOTIFICATION.) ASBESTOS (NON FRIABLE) $55.00 PER TON ASBESTOS (FRIABLE) $100.00 PER TON DEAD ANIMALS $55.00 PER TON OTHERS (AS DETERMINED RESOURCE AUTHORITY) $55.00 - $100.00 PER TON UNCOVERED VEHICLES ADDITIONAL $25.00 MINIMUM CHARGE FOR PER TON FEES $10.00 WOOD MULCH SALES PICK UP TRUCKS AND SMALL TRAILERS NO CHARGE SINGLE AXLE DUMP TRUCKS, INCLUDING LARGE COMMERCIAL TOW TRAILERS (>8') $30.00 TANDEM DUMP TRUCKS $50.00 TRACTOR TRAILERS $130,00 ALTERNATE DAILY COVER $25.00 PER TON (ACCEPTED ONLY AT SMITH GAP LANDFILL AND WITH PRIOR NOTIFICATIONS AND APPROVAL.) VEHICLE WEIGH FEE (NON-MEMBER VEHICLES) $25.00 UNACCEPTABLE WASTE CHARGES $100.00 PER TON, MINIMUM ONE TON PLUS HANDLING COSTS, RELATED DAMAGES, AND LOST REVENUE LATE ACCOUNT PENALTY 10% OF AMOUNT PLUS INTEREST AT THE LEGAL RATE ON THE PRINCIPAL The public hearing, which may be continued or adjourned, will be held at 12:00 noon, or as soon thereafter as may be practicable, on June 23, 2011, at the Authority's offices at 1020 Hollins Road, N.E., Roanoke, Virginia. Prior to the public hearing, staff of the Authority will be available to meet with all interested parties and take comments on June 15, 2011 at 7 p.m. at the Authority's offices. Persons with a disability who wish to attend and require special accommodations for the public hearing, please contact the Authority at 857-5050 by 10 a.m. on June 23, 2011. Given under my hand this 23rd day of March, 2011 Deborah T. Charles RVRA Board Secretary swol Ina lax 1W lim wT.• Notice is hereby given that the Roanoke Valley Resource Authority ("Authority") will hold a public hearing in accordance with Section 15.2-5136 of the Code of Virginia, as amended, on the Authority's preliminary schedule of fees and charges to be assessed in connection with the use of the Authority's garbage and refuse collection and disposal system and related facilities. The public hearing, which may be continued or adjourned, will be held at 12:00 noon, or as soon thereafter as may be practicable, on June 22, 2011, at the Authority's offices at 1020 Hollins Road, N.E,, Roanoke, Virginia. Prior to the public hearing, staff of the Authority will be available to meet with all interested parties and take comments on June 15, 2011 at 7 p.m. at the Authority's offices. The resolution adopted by the Authority on March 23, 2011, establishing the preliminary fees and charges is set forth below: RA#2011-573 I WLTfl1-*V3 loll III&I I Z1.6 2431 - - - - — -- - WHEREAS, the Roanoke Valley Resource Authority ("Authority"), in accordance with the provisions of the Virginia Water and Waste Authorities Act, intends to establish a revised schedule of rates, fees, and charges to be charged by the Authority to users of the Authority's garbage and refuse collection and disposal system and related facilities ("System"), providing for the following changes in the Authority's rates, fees, and charges: W decrease the "Tires" fee from $140/ton to $120/ton; (ii) increase the "Uncovered Vehicles" fee from $10 to $25; (iii) increase the "Minimum Charge For Per Ton Fees" from $5 to $10 (iv) increase the "Wood Mulch Sales" fees for: - "Single Axle Dump Trucks" from $20/load to $30/load; - "Tandem Dump Trucks" from $30/load to $50/load; and, - "Tractor Trailers" from $90/load to $130/load; (v) add an "Alternate Daily Cover" fee of $25/ton; (vi) add a "Vehicle Weigh" fee of $25 "I 1 1111111 11111 11 111 1111111 � I 11111 1 11111111 11 1 111 111111 11 1 1111111111 01 11, � III! # follows: 111 'U"I KIM I March 23, 2011 Ms. Darleen Bailey, Town Clerk Town of Vinton 311 S Pollard . .. VA 24179 On March 23, 2011, the Board of Directors of the Roanoke Valley Resource Authority (Authority) adopted their FY 2011-2012 annual budget. Copies of the budget have been sent to Mr. Chris Lawrence, Town Manger, by separate mailing for appropriate distribution. Please be informed that as part of the budget approval, the Board also adopted several preliminary changes to the Authority's published rate schedule. In accordance with the rate adjustment procedures established by the Water and Waste Authorities Act of Virginia, these proposed rate changes require a Public Hearing which in turn requires a Notice of Public Hearing and official notification to the Authority's three governing bodies, including the Vinton Town Council. Attached for your information and appropriate distribution to the Vinton Town Council is a copy of the Authority's March 23, 2011 resolution authorizing the Public Notice and Public Hearing on changes to the "RVRA Waste Disposal Fees & Charges," effective July 1, 2011. All proposed changes to the rate schedule are detailed in the resolution and Exhibit A of the resolution. The Public Notice advertisement is scheduled for placement in The Roanoke Times on Frida; April 1, 2011 & Saturday, April 9, 2011. Additionally, please note the Authority has scheduled Public Comment Hearing for 7:00 p.m. on June 15, 2011 at the Authority's Tinker Cre Transfer Station. This will provide an opportunity for any concerned resident or business pose questions or to express comments on the proposed rate changes to the Authority prior the actual Public Hearing scheduled for the Authority's Board Meeting on June 22, 2011 noon. I Sincerely, Deborah T. Charles RVRA Board Secretary CC: Mr. Chris Lawrence, Town Manager Mr. Michael Kennedy, Town of Vinton Mr. Dan Miles, RVRA 1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056 Web Site: NvAvw.rvra.net 1. Fees and Charges. The Authority hereby adopts the preliminary schedule of revised rates, fees, and charges to be charged by the Authority effective July 1, 2011, for the use of the System are as set forth on Exhibit A, which is attached to and incorporated in this resolution. 2. Public Comment Hearing. A Public Comment Hearing conducted by Authority Staff is hereby scheduled for 7.00 p.m. on June 15, 2011 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges. 3. Public Nearing. A Public Hearing is hereby scheduled for the Authority's regularly scheduled June Board Meeting at 12:00 p.m. on June 22, 2011 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges, 4. Notice of Public Hearing,. The Chief Executive Officer and Secretary of the Authority are authorized and directed to publish the required Notice of Public Hearing setting forth the preliminary schedule of revised rates, fees, and charges to be given by two publications, at least 6 days apart, in a newspaper having general circulation in the area to be served by the Authority at least 60 days before the date fixed in such notice for the hearing. The Authority Secretary is authorized and directed to mail a copy of such Notice of Public Hearing, including this Resolution, to the Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the City Council of the City of Roanoke. After such public hearing, the preliminary schedule, either as originally adopted or as amended, may be adopted and put into effect. 5. Effective Date. This Resolution shall take effect immediately ATTEST: 011,14 a. � 1, - �4, &e � —, Veborah-f Charles - RVRA Board Secretary Pursuant to Section 15.2-5136 of the Code of Virginia 1950, as amended, notice is hereby given that the Roanoke Valley Resource Authority ("Authority") will hold a public hearing on its schedule of fees and charges to be assessed in connection with the use of the Authority's garbage and refuse collection and disposal system and related facilities as follows: MUNICIPAL WASTE $45.00 PER TON COMMERCIAL WASTE $55,00 PER TON CONSTRUCTION AND DEMOLITION WASTE $55.00 PER TUN WOOD WASTE CLEAN LOADS OF UNTREATED BRUSH OR WOOD FOR TUB GRINDING $35.00 PER TON TIRES $120.00 PER TON TIRES MIXED WITH OTHER WASTE PREVAILING RATE PLUS $5.00 PER TIRE SPECIAL WASTES (ACCEPTED ONLY WITH PRIOR APPROVAL AND NOTIFICATION.) ASBESTOS (NON FRIABLE) $55.00 PER TON ASBESTOS (FRIABLE) $100.00 PER TON DEAD ANIMALS $55.00 PER TON OTHERS (AS DETERMINED RESOURCE AUTHORITY) $55.00 - $100.00 PER TON UNCOVERED VEHICLES ADDITIONAL $25.00 MINIMUM CHARGE FOR PER TON FEES $10.00 WOOD MULCH SALES PICK UP TRUCKS AND SMALL TRAILERS NO CHARGE SINGLE AXLE DUMP TRUCKS, INCLUDING LARGE COMMERCIAL TOW TRAILERS (>8') $30.00 TANDEM DUMP TRUCKS $%00 TRACTOR TRAILERS $130.00 ALTERNATE DAILY COVER $25.00 PER TON (ACCEPTED ONLY AT SMITH GAP LANDFILL AND WITH PRIOR NOTIFICATIONS AND APPROVAL.) VEHICLE WEIGH FEE (NON-MEMBER VEHICLES) $25.00 UNACCEPTABLE WASTE CHARGES $100.00 PER TON, MINIMUM ONE TON PLUS HANDLING COSTS, RELATED DAMAGES, AND LOST REVENUE LATE ACCOUNT PENALTY 10% OF AMOUNT PLUS INTEREST AT THE LEGAL RATE ON THE PRINCIPAL The public hearing, which may be continued or adjourned, will be held at 12:00 noon, or as soon thereafter as may be practicable, on June 23, 2011, at the Authority's offices at 1020 Hollins Road, N.E., Roanoke, Virginia. Prior to the public hearing, staff of the Authority will be available to meet with all interested parties and take comments on June 15, 2011 at 7 p.m. at the Authority's offices. Persons with a disability who wish to attend and require special accommodations for the public hearing, please contact the Authority at 857-5050 by 10 a.m. on June 23, 2011. Given under my hand this 23rd day of March, 2011 Aebor�ah T. Charles RVRA Board Secretary TO: TOWN MANAGER'S OFFICE FROM: Karla Turman, Associate Planner DATE: March 24, 2011 SUBJECT: Zoning Ordinance Amendments ISSUE/PURPOSE: To update the zoning ordinance regarding the proposed amendments, which are attached. BACKGROUND INFORMATION: Most of the amendments to be discussed are the result of changes to the state code during the 2010 General Assembly session, They areas follows: 1. Article V, Supplementary Regulations, Division 4 Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2. The proposed amendments are related to the allowance of temporary family health care structures in single-family residential districts. As previously discussed during a work session, as of July 1, 2010, the town has to allow these structures, as long as the property and the owner meet the criteria. Along with the proposed code, included is information regarding MED cottages, which are temporary family health structures that are built in South Boston, Virginia. 2, Article VI, Nonconforming Uses and Features, Section 6-7, Damage to nonconforming buildings and uses. The proposed amendments are related to the definition of an "act of God", as well as the addition of accidental fire, 3. Article VII, Administration and Enforcement, Division 1, Zoning Administrator, Section 7-2, Duties of the zoning administrator, and Division 3, Site Plan Review, Section 7-25, Expiration of approved site plan The proposed amendments are related to the authority of the zoning administrator and the period for which an approved site plan is valid. 4, Article IX, Board of Zoning Appeals, Section 9-14, Expiration of variance or special exception. The proposed amendments are related to documents provided to keep the variance or special exception valid. Currently, the zoning ordinance has both variance and special exception together in the same section. Staff has proposed that they be separate because the documents which would keep them valid are different. A variance requires that a site plan be submitted with a year, whereas a site plan submittal is not required for a special exception. 5. The proposed amendment to Article X, Definitions, Section 10-2. The proposed amendment is related to the definition of a group home. The change is per a change in the state's definition, Pursuant to the provisions of Section 15.2-2204 of the 1950 Code of Virginia, as amended, the Town Council for the Town of Vinton, Virginia, hereby gives notice of a public hearing to be held on Tuesday, April 5, 2011, at 7:00 p.m., in the Council Chambers of the Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia. The purpose of this public hearing is to consider the following proposed amendments to the Town of Vinton Zoning Ordinance: 1, Article V, Supplementary Regulations, Division 4 Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2. The proposed amendments are related to the allowance of temporary family health care structures in single-family residential districts. 2. Article VI, Nonconforming Uses and Features, Section 6-7, Damage to nonconforming buildings and uses. The proposed amendments are related to the definition of an "act of God", as well as the addition of accidental fire. 3. Article VII, Administration and Enforcement, Division 1, Zoning Administrator, Section 7-2. Duties of the zoning administrator, and Division 3, Site Plan Review, Section 7-25, Expiration of approved site plan The proposed amendments are related to the authority of the zoning administrator and the period for which an approved site plan is valid, 4. Article IX, Board of Zoning Appeals, Section 9-14, Expiration of variance or special exception. The proposed amendments are related to documents provided to keep the variance or special exception valid, 5. The proposed amendment to Article X, Definitions, Section 10-2. The proposed amendment is related to the definition of a group home. Further information concerning this issue may be obtained in the Planning Department located at 311 South Pollard Street, Vinton, Virginia 24179, (540) 983-0601, Interested persons may be heard at the above public hearing. Given under my hand this 20'h day of January 2011. Anita J. McMillan Planning Director NOTICE OF INTENT TO COMPLY WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend the meetings. Please call (540) 983-0601 at least 48 hours prior to the meeting so that proper arrangements may be made. Hill M-111M AN ORDINANCE to amend the Vinton Zoning Ordinance No. 634 dated December 19, 1995, Appendix B of the Vinton Town Code, ARTICLE V SUPPLEMENTARY REGULATIONS, DIVISION 4. ACCESSORY BUILDINGS AND TEMPORARY BUILDINGS. Section 5-15. Dwelling use prohibited, Section 5-17.1. Temporary buildings and construction trailers, and Section 5-17.1. Temporar yfamily health care structures. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the ARTICLE V. SUPPLEXIENIARY REGULATIONS, Dlk'JSION 5. A111SCELLANEOUS PROVISIONS. DIVINOV 4, ACCESSORY BUILDINGS AND TEWORARY BUILDINGS Section 5-15. Dwelling use prohibited, Section 5-17. 1. Temporary buildings and construction trailers, and Section 5-17. 1. Teinporaryfiandly health care structures, be amended and added as J611014q,• Section 5-15. Dwelling use prohibited. No accessory building shall be used for dwelling purposes except by domestic employees or caretakers whose principal occupation is rendering services on the premises for benefit of persons who occupy or use the main building on the lot, with the exception that: (a) Dwelling use shall not be prohibited for temporary family health care structures, subject to the provisions of Section 5-17-2. Sec. 5-17-1. Temporary buildings and construction trailers See. 5-17-2. Temporary family health care structures. (a) In all residential districts, temporary family health care structures shall be allowed to be placed on a lot, provided that: (1) The primary use of the property is a single-family detached dwelling; (2) The occupant of the temporary family health care structure meets the qualifications of a mentally or physically impaired person as defined in sub -section (b) below, and a letter of certification, written by a physician licensed in Virginia, has been provided to the zoning administrator; (3) The property is occupied by the caregiver as his/her residence; (4) The temporary family health care structure shall comply with all setback requirements that apply to the primary structure, and with any maximum floor area ratio limitations that may apply to the primary structure; (5) Only one temporary family health care structure shall be allowed on a lot or parcel of land; (6) The proper pen -nits shall be obtained before a temporary family health care structure may be placed on a lot or parcel of land. Required pen -nits may include, but are not limited to, zoning permit, building permit, electrical permit, mechanical permit, and plumbing permit. (b) For purposes of this section: (1) "Caregiver" means an adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to, or be the legally appointed guardian of the mentally or physically impaired person for whom he/she is caring; (2) "Mentally or physically impaired person" means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth; (3) "Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or allowed. (c) Any temporary family health structure installed pursuant to this section may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable codes and requirements, including pen -nits, for such connection. (d) Any temporary family health care structure installed pursuant to this section shall be removed within 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. (e) A letter of certification, written by a licensed physician, shall be provided to the zoning administrator on an annual basis to ensure continued compliance with this section. The zoning administrator may inspect the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance inspection, No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the structure or elsewhere on the property, Adopted on motion by and seconded by with the following votes recorded: AYES NAYS Bradley E. Grose, Mayor Town of Vinton Attest: Darleen R. Bailey, Town Clerk a t 91611 M-111M I I a AN ORDINANCE to arnend the Vinton Zoning Ordinance No. 634 dated December 19, 1995, Appendix B of the Vinton Town Code, ARTICLE V1. Nonconforming Uses and Features. Section 6-7. Dantage to nonconforming buildings and uses. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the ARTICLE VI Noncoqforming Uses and Features. Section 6-7. Damage to nonconforming buildings and uses, be amended and added as_1611ows: OF THE TOWN OF VINTON ZONING ORDINANCE Section 6-7. Damage to nonconforming buildings and uses. a) Damage not exceeding 50 percent of value. A building having a nonconforming feature or a building devoted to a nonconforming use which is damaged by an accidental fire, or an explosion, natural disaster or other act of God or the public enemy to an extent not exceeding 50 percent of its most recent assessed taxable value may be restored, repaired, reconstructed and used as before the damage, provided that the degree or extent of any nonconforming feature that existed prior to the damage shall not be increased, and the area devoted to any nonconforming use prior to the damage shall not be increased. Such restoration, repair, reconstruction or reuse shall be completed within two years of the date of damage. For purposes of this section, an "act of God" shall be defined as any natural disaster or phenomena including, but not limited to, a hurricane, tornado, storm, flood, high water, wind -driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. (b) Damage greater than 50 percent of `value, Whenever a building having a nonconforming feature or a building devoted to a nonconforming use is damaged by any cause whatsoever to an extent greater than 50 percent of its more recent assessed taxable value, such building shall not be restored, repaired, reconstructed or used except in conformance with all of the applicable provisions of this appendix, except as may be authorized by the board of zoning appeals pursuant to section 6-8 of this appendix. Adopted on motion by , and seconded by , with the following votes recorded: AYES NAYS Bradley E. Grose, Mayor Town of Vinton Attest: Darleen R. Bailey, Town Clerk 9 Will M= 01HINE411 y 1118IM111 9 — a. AN ORDINANCE to amend the Vinton Zoning Ordinance No. 634 dated December 19, 1995, Appendix B of the Vinton Town Code, ARTICLE VIL Administration and Enforcement Division 1. Zoning Administrator, Section 7-2. Duties of zoning administrator., Division 3, Site Plan Reviefv. Section 7-25., Expiration of approved site plan. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the ARTICLE KII. Administration and Eqlbrcenient. Division 1. Zoning Administrator, Section 7-2. Ditties of zoning administrator, Division 3, Site Plan Review. 5ection 7-25., Expiration cif approved site plan, be amended and added as follows: Section 7-2. Duties of zoning administrator. The zoning administrator and his authorized agent (both of whom hereafter in this section vrill be referred to as zoning administrator) shall have all necessary authority on behalf of the town council to administer and enforce this appendix and carry out the duties prescribed in this article and elsewhere in this appendix, including the authority to make findings of fact in connection with the administration, application and enforcement of this appendix in specific cases. Duties of the zoning administrator shall include the following: DIVISION 3. SITE PLAN REVIEW Section 7-25. Expiration of approved site plan. (a) An approved final site plan shall be valid for a period of one not less than five years from the date of approval by the zoning administrator and shall become null and void if, within such period, work has not proceeded and no building permit pursuant thereto has been issued. In any case where an approved site plan has expired, the site plan may be resubmitted for review and approval in accordance with the provisions of this article. A site plan shall be deemed final once it has been reviewed and approved by the zoning administrator if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows. (b) Application for minor modifications to final site plans made during the periods of validity of such plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of minor modifications extend the period of validity of such plans. Adopted on motion by , and seconded by . with the following votes recorded: AYES NAYS Bradley E. Grose, Mayor Town of Vinton Attest: Darleen R. Bailey, "Town Clerk [$I 1-1„i AN ORDINANCE to amend the Vinton Zoning Ordinance No. 634 dated December 19, 1995, Appendix B of the Vinton Town Code, ARTICLE IX Board of Zoning Appeals. Section 9-14, Expiration of variation, Section 9-14. 1. Expiration of*special exception. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the ,ARTICLE M Board of Zoning Appeals. Section 9-14, Expiration of variation, Section 9-14. 1. Expiration of special exception, be amended and added asfiolloivs: .0 tv # lei X of NW14MRIM111 W-M Section 9-14. Expiration of variance. A variance granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no site plan has been submitted, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance or special exception. Section 9-14.1. Expiration Of special exception. A special exception granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no construction or change in use pursuant to such special exception has taken place, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a special exception. Adopted on motion by , and seconded by , with the following votes recorded: AYES NAYS Bradley E. Grose, Mayor Town of Vinton Attest: Darleen R, Bailey, Town Clerk AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 5, 2011, AT 7:00 P.M., IN THE COU-NCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to amend the Vinton Zoning Ordinance No. 634 dated December 19, 1995, Appendix B of the Vinton Town Code, ARTICLE X Definitions. Section 10-2. Words and terms defined! THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the ARTICLE X Definitions. Section 10-2. Words and terins defined, be amended and added as follows: 5 Wr ARTICLE X. DEFINITIONS Section 10-2. Words and terms defined. (39) Group home. A residential facility in which not more than eight individuals who are aged, infirmed, disabled, mentally ill, mentally retarded, or otherwise developmentally disabled reside, with one or more resident counselors or other staff persons. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54, 1-340 1. The term "group home" shall include any other residential facility for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority under state law and shall for purposes of this appendix be considered residential occupancy by a single family Adopted on motion by , and seconded by . with the following votes recorded: UND-001MM Bradley E. Grose, Mayor Attest: Darleen R. Bailey. Town Clerk TO: TOWN MANAGER'S OFFICE FROM: Town Attorney/Public Works Director DATE: 22 March 2011 SUBJECT: License Agreement with Kinder Morgan SE Terminals LLC ISSUE/PURPOSE: To obtain Town Council concurrence to proceed with an agreement between the Town and Kinder Morgan for their use of a boat ramp located adjacent to the Third Street Wastewater Pump Station, across from the Public Work Building on 804 Third Street. Kinder Morgan, a national company, operates a fuel terminal located at 835 Hollins Road NE in Roanoke City. They are updating their Spill Prevention Control & Countermeasures Plan and contacted the Public Works Department to request use of the Town's boat ramp. They would use this in event of emergency to enter Tinker Creek for setting booms at this location or upstream of the boat ramp. They would not transport boom through fuel contaminated water. Small boats would be used for this purpose. Kinder Morgan does not anticipate using any heavy equipment on the ramp. The ramp would be used in emergencies and likely in periodic exercises. The existing boat ramp is concrete construction, rarely if ever used by the Town for ernergencies. The ramp is in good condition, requiring little or no maintenance for the foreseeable future, Other maintenance consists of trimming tree branches and cutting back weeds around the boat ramp area, once or twice per year. The ramp is sometimes used to access the creek for regional waterways clean up events or promotional activities by civic organizations. Town staff considered this request and determined it is reasonable to accommodate since it will facilitate mitigating an environmental disaster should one arise. The Town Attorney prepared a License Agreement for this purpose to establish provisions for use and protect the Town's interest. The agreement contains a one-time fee to recover Town costs in preparing the agreement and an annual payment of $150 as a reasonable share of maintenance costs for the ramp and Surrounding area. Term of agreement will be 5 years. Any agreement changes proposed by Kinder Morgan will be discussed with Town Council prior to signing the agreement. Town Council approval will be obtained for the Town Manager to sign the agreement after finalization with Kinder Morgan. ACTION REQUESTED: Town Council concurrence to proceed with finalizing an agreement with Kinder Morgan. CITIZENS COMMENTS: None. Attachments: Propose License Agreement 10 18121 re I AR 0 RN IND] I WHEREAS, the Town of Vinton has participated in the State's group health insurance program (The Local Choice Health Benefits Program) since July 1, 1990; and, WHEREAS, each year, participants of the program are required to submit a renewal acceptance to the Virginia Department of Human Resource Management for the new contract year, NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize renewal of the Town of Vinton Employees' group health insurance coverage with the State of Virginia (The Local Choice Program) for the contract year July 1, 2011 through June 30, 2012. Adopted on motion by Councilmember seconded by Councilmember with the following votes recorded: AYES: Allice, Fidler, flare, Nance and Mayor Grose NAYS: None Brad Grose, Mayor ATTEST: Darleen Bailey, Town Clerk • TO: Town Council FROM: Stephanie Dearing Human Resource Director DATE: April 1, 2011 I I I I I I!• I I 1111111 IN � I I I I I! I I!! I I! I I I I I I I I I •RE ISSUE/PURPOSE: To receive approval to renew the Town of Vinton's health insurance through The Local Choice Health Benefits Program. The Local Choice is the State's insurance program for local government and school employees. ACTION REQUESTED: Adopt proposed Resolution No. 1912 authorizing staff to submit the renewal acceptance to the State Department of Human Resource Management by April 6, 2011, to continue participation in The Local Choice health benefits insurance program for fiscal year 2011-12. JUSTIFICATION: The Town has participated in the State's health insurance plan since 1990. The new contract renewal rates have been received for the period of July 1, 2011 through June 30, 2012. Based on this current fiscal year's health care claims as well as the pools liability, the renewal has been offered at the same rates as for fiscal year 2010-11 STAFF RECOMMENDATION: Staff recommends that Council authorize the renewal with Local Choice and offer the current health insurance plans - Key Advantage with Expanded Benefits, Key Advantage — 500, and Medicare Complimentary, effective July 1, 2011. Note: In June of 2001, Council approved a benefit of $200.00 per month to be paid towards an employee's health insurance if they retire under VRS and are at least age 55 with at least 25 years of Town service, This benefit is provided only to those retirees who may remain on the Town's group health insurance until they reach age 65 and are eligible for Medicare. ACTION NO: Ord. 9 ITEM NO: L-2 i TO: TOWN MANAGER'S OFFICE FROM: Anita J. McMillan, Planning and Zoning Director DATE: March 31, 2011 SUBJECT: Chicken Hens in Urban Residential Areas ISSUE/PURPOSE.- The request to allow chicken hens was discussed by the Vinton Town Council on September 16, December 15, 2010, and March 1, 2011. As requested by Town Council, the Planning Commission discussed the urban chicken request and the proposed ordinance during their work session held on Tuesday, February 8, 2011. On March 1, 2011, several changes were proposed to the draft ordinance by some members of the Vinton Town Council, as follows: • Not more than six chicken hens shall be allowed (changed from four chicken hens). • An acre (43,560 square feet) of land will still be required. • Movable/portable coops and chicken tractors must be at least four square feet per bird (changed from two square feet) and added maximum size of enclosed coops are not to exceed 64 square feet. • All enclosed permanent henhouses/coops shall not be located in the front yard, required street side vard (added), required side yard (added). • Secure portable/movable coops and chicken tractors must be located at least 20 feet (changed from 10 feet) from the adjoining property lines and no closer than 25 feet (changed from 20 feet) from any adjacent residential dwelling other than that of the owner of the chicken hens. BACKGROUND: Since April of 2010, the Town of Vinton has received at least three requests from town residents to be allowed to keep chickens for eggs. Currently, under the Town Code, livestock including, but not limited to cattle, horses, sheep, goats, swine, fowl or rabbits are not allowed to be kept in the town limits, ACTION REQUESTED: Town Council's consideration on whether to adopt the attached ordinance. The ordinance will set standards and procedures for town residents to be allowed to raise chicken hens in the Town of Vinton. DATE ACTION NEEDED: April 5,2011 Attachment: Ordinance No. 913 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 5,2011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to enact and ordain an amendment to the Code of the Town of Vinton, Chapter 10, ANIMALS, as follows. WHEREAS, the Town of Vinton received requests from citizens with regard to keeping of chicken hens in the Town's Limits; and WHEREAS, the Vinton Town Council held work sessions on September 21, 2010, and December 21, 2010, to discuss the request and the proposed ordinance on the keeping of chicken hens in the Town's Limits; and WHEREAS, the Vinton Planning Commission held a work session on February 8, 2011, and recommended that the proposed ordinance on the keeping of chicken hens be considered; and WHEREAS, the Vinton Town Council held another work session on the draft ordinance on March 1, 2011, and recommended some changes to the proposed ordinance; and WHEREAS, the Town of Vinton is an urbanized and dense community; therefore the members of the Town Council want to ensure that the proposed standards and procedures of the ordinance on the keeping of chicken hens are adequate to protect the public health, safety, and general welfare of its citizens. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that the Code of the Town of Vinton is hereby amended Chapter 10, Article 111, by adding Section 10-97. Fowl, chickens and other domestic birds, to read and provide as follows: Chapter 10 ANIMALS * * * * * ic ARTICLE I. IN GENERAL ARTICLE 11. DOGS AND CATS Sec 10-97. Fowl, chickens and other domestic birds. (a) Definitions. Fowl is defined as any various domestic birds by way of example but not limited to: Chickens, roosters, ducks, geese, turkeys, guinea fowl, emus, rheas, ostriches and pigeons. (b) It shall be unlawful for any person to keep, permit or allow any domesticated fowl within the corporate limits of the town, or to allow any domesticated fowl to run at large within the corporate limits of the town, except as specifically permitted below. (c ' ) It shall only be lawful for a person to keep, permit or allow chickens within the corporate limits of the town on residential property only, under the following terms and conditions: I . No more than six (6) chicken hens shall be allowed for each single-family dwelling, with roosters prohibited. No chickens shall be allowed on townhouse, duplex, apartment or manufactured housing park properties. 2. Chicken hens allowed under this section shall only be raised for domestic purposes and no commercial use such as selling eggs or selling chickens for meat shall be allowed. There shall be no outside slaughtering of chickens. 3. Each single-family dwelling shall contain at a minimum an acre (43,560 square feet) of land. 4. Chicken hens shall be kept in an enclosed secure movable/portable pen/chicken tractor, stationary pen or a fenced enclosure (henhouse/coop) that contains at a minimum four (4) square feet per bird. The size of the enclosed portable and/or stationary henhouse/coop shall not exceed 64 square feet in area. Birds shall not be allowed to roam free. The materials used in making a henhouse/coop or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained, 6. All enclosed permanent henhouses/coops must be at least 25 feet from the adjoining property lines and no closer than 50 feet from any adjacent residential dwelling or to any other building used for residential purposes,, other than that of the owner of the chicken hens. All enclosed permanent henhouses/coops shall not be located in the front yard, required street side yard, required side yard, nor shall be located in any drainage area that would allow fecal matter to enter any storm drainage system or stream. 2 7. Secure movable/portable henhouses/coops and chicken tractors must be located at least 20 feet from the adjoining property line and no closer than 25 feet from any adjacent residential dwelling or to any other building used for residential purposes, other than that of the owner of the chicken hens, All enclosures for the keeping of chicken hens shall be constructed and maintained as to prevent rodents or other pests from being harbored underneath, inside, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats, All enclosed pens must be kept dry, well -ventilated, and in sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, chicken manure, or other chicken -related substances shall not be detectable at the property boundaries. 9. No dog or cat that kills a chicken hen will, for that reason alone, be considered a dangerous or aggressive animal. 10. Adequate shelter, care and control of the chicken hens are required, Any person allowed to keep chicken hens under this section shall comply with all of the provisions and definitions of the Code of Ordinances regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to the adequate care and control of animals in the town. 11. The chicken hen owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chicken liens found to be infested with insects and parasites that may result in healthy conditions to human habitation may be removed by an animal control officer. 12. All feed or other material intended for consumption by the chickens shall be kept in containers impenetrable by rats or other rodents, and such container shall be equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner as to prevent unconsurned food from being accessible to other animals or rodents. The presence of rodents in an area used for the keeping of chickens shall be prima facie evidence that such area is maintained in violation of this section. 13. Chicken litter and waste shall not be deposited in any trash container that is collected by any public and shall be disposed of by either composting on site or disposed of at a permitted solid waste facility in accordance with the applicable permit. Also, any dead birds shall not be deposited in any trash container that is collected by any public waste collector but shall be taken to the permitted solid waste disposal facility and properly disposed of in accordance with the receiving facility's applicable permit. 14. Disposal of chicken litter, waste, and dead birds in the public wastewater collection system is strictly prohibited since this may cause backups and/or overflows. 15. Persons wishing to keep chicken hens pursuant to this subsection must file an application with the town's Planning and Zoning Department. The application shall include a sketch showing the area where the chickens will be housed and all types and size of enclosures in which the chickens will be housed along with a twenty-five dollar ($25.00) fee. The sketch must show all property dimensions and setbacks. Once the site and enclosures have been inspected and approved by the town's animal control officer, a permit will be issued by the Planning and Zoning Department. The permit shall be valid for one (1) year. Each existing permit must be renewed annually in January by filing an application with the town's Planning and Zoning Department, along with payment of a twenty-five ($25.00) renewal. The town's animal control officer shall make another inspection of the site, prior to the approval of the renewal application. (d)The above subsection (c) shall not apply to indoor birds, such as, but not limited to parrots or parakeets, or to the lawful transportation of fowl through corporate limits of the town. (e) Any person found guilty of violating this section shall be guilty of a Class 3 misdemeanor and subsequent violations of this section by the same person shall constitute a Class 2 misdemeanor. Sees. 10-98-10-115. Reserved. This motion made by Council Member and seconded by Council Member , with the following votes recorded: ArrEs'n Darleen R. Bailey, Clerk of Council 4 FAVOUNNIN"O Bradley E. Grose, Mayor