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HomeMy WebLinkAbout8/2/2011 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilmember Carolyn D. Fidler, Vice Mayor Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember = = - M M91 I R1 R Rj N 11 L91 a z•Al Regular Meeting Tues(Oay. u... M. 219MUS =. F P11111 15131 1 1111R]RIT1111 113 EF! 0 # IN !I vc,"q Vinton, VA 24179 (540) 983-0607 1. National Night Out - Special Recognition - Bush Farm Neighborhood Watch Cedar Avenue Neighborhood Watch Cleveland Avenue Neighborhood Watch Craig Avenue Neighborhood Watch Dillon Woods Neighborhood Watch A. Porters Haven Neighborhood Watch 2. Officer of the Month for June, 2011 -Officer Scott Hurt F. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda 1. Reports - Pneumatic Gun State Law and Noise Ordinance 1.02 1�1 01TA I'll 16 Ul Z r-ITCUll IN 1. Consider Resolution Allocating Grant Funds from Department of Fire Programs to Fir; and EMS Budget Account - Resolution No. - 1929 2. Request to Authorize Town Manager Enter into a Contract to Demolish the Former Steve's Garage Building — Resolution No. 1930 1. Consider Appointment of Town Clerk — Susan Johnson a. Request to Grant Town Clerk Authority to Sign Town Checks — Resolution No. 1931 3, Schedule Joint Town Council/Planning Commission Work Session on Downtown Revitalization Kntupn* WWATAVrWMV 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. August 16, 2011 - Regular Meeting August 15, 2011 — 6:00 P.M. — Finance Committee — Town Council Conference Room '14 lams MOIL 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 R. Bailey, Town Clerk Michael Kennedy, Public Works Director Anita McMillan, Planning Director Ben Cook, Interim Police Chief Barry Thompson, Finance Director/Treasurer 6:15 P.M. — Reception to Recognize Town Clerk on her Retirement 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 Work Session and Regular Meeting of June 7, 2011, the Regular Meeting of June 21, 2011 and the Regular Meeting of July 5, 2011 1. AWARDS, RECOGNITIONS, PRESENTATIONS 1 Recognition of Town Clerk, Darleen Bailey, on her Retirement after 27 Years of Service 2. Recognition of Officer of the Month for June — James Testerman J. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda K. TOWN ATTORNEY L. TOWN MANAGER M. MAYOR N. COUNCIL O. ADJOURNMENT WORK SESSION 1. Update on Issuance of Permits and Inspections — Coordination of Services with Roanoke County 2. Update on Vinton Swimming Pool Following a reception held at 6:15, by Town Council to recognize the Town Roll call, invocation and Clerk, Darleen Bailey on her retirement after 27 years of service, Mayor Pledge of Allegiance to Grose called the regular meeting to order at 7:00 p.m. The Town Clerk U.S. Flag, called the roll with all members present. Mr. Nance gave the invocation and Mr. Altice led the Pledge of Allegiance to the U.S. Flag. The Consent Agenda was approved on motion by Mr. Nance and Approved Conse seconded by Mr. Altice. The motion passed with all in favor. Agenda I Mayor Grose presented Ms. Bailey with a Key to the Town and Mr. Lawrence, the Town Manager, presented her with a silver dogwood pin on behalf of Council. She also received one of the Town's dogwood vases filled with fresh flowers. Mr. Nance read a letter from Interim Chief Ben Cook recognizing James Testerman as Police Officer of the Month for June. The Mayor welcomed Theresa Fontana who was acting Town Attorney in Elizabeth Dillon's absence, Mr. Lawrence reported that work would begin on the budget for 2012/2013 during the fall season and asked Council to consider scheduling a date to meet with staff for some time in early September to start the process. The Town Manager advised that he had put together a War Memorial staff team to re -study the War Memorial's business plan with Lauren Hodges leading the team. He further advised that the team will review the old plan and try to come up with new ideas and strategies to increase the number of events at the facility. He went on to say that when the team has completes their report, they will need Council's direction on how to approach the task of restructuring the way the Town sells its services. Mr. Lawrence reported that the committee has had three meetings and would be scheduling a fourth meeting in the near future to put their report together. Mayor Grose thanked Mr. Hare for attending the meeting even though he was ill, The Mayor asked that in response to the renewed interest in downtown Vinton with the announcement of plans for the future library and purchase of the property, he felt it was time to make a comprehensive overview of the Town's ordinances and Code to make sure that they are well coordinated, business friendly and are keeping in step with Council's vision for downtown Vinton. He suggested that the Planning Commission be invited to a Council meeting or two to assist in this task. Mr. Nance pointed out that he felt this would be consistent with their goals. Mr. Hare agreed with Mr. Nance's comments. 1tT,M7'rr#r77rF,#-,F7M# 77, Ta* attended earlier in the day. IN Council members expressed appreciation to the retiring Town Clerk as it was her last Council meeting she would attend before her retirement as Town Clerk. Mr. Hare noted that a business had plastered the Town with hand -made signs the previous weekend. He asked if the business had gotten permission to put up the signs and Mr. Lawrence replied that they did not receive permission to put up the signs. He went on to say that they must have waited until staff had left for the weekend before putting them up, Mr. Hare asked if it was a difficult process for a business to get permission to put that type of sign up for a day or two. Mr. Lawrence replied that there is no process in place because it is illegal. He advised that businesses can put temporary signs and banners on their own property for a certain number of days but signs cannot be put up off premises, Mr. Lawrence stated that the Town may need to begin notifying businesses that they need to keep their signs on their property. Mr. Hare inquired as to whether the Town has any recourse in the matter and Mr. Lawrence and Ms. McMillan replied that it does not. Ms. McMillan pointed out that the only thing she can do is to send out a letter to businesses advising them that it is illegal to place signs off their own premises. Mr. Hare made comments regarding those who steal copper and pointed out it's dangers, Mr. Lawrence advised that he would check to see what options the Town might have to prevent copper thievery. Mr. Lawrence introduced Susan Johnson who has been hired as the Town's new Executive AssistantlTown Clerk. Mr. Hare moved to adjourn the meeting at 7:32 p.m. The motion was seconded by Ms. Fidler and passed with all in favor. 1. Update on Issuance of Permits and Inspections — Coordination of Services with Roanoke County Mr. Lawrence complimented staff for addressing concerns of the business community on how difficult it is to pull permits. He stated that Town staff has been working with Roanoke County to come tip with solutions to improve service delivery. Ms. McMillan reported that that a team made up of County and Town employees have been meeting since April to try to improve the permit process. She noted that the major change involves plumbing permits. She explained that many plumbers who work in the area are not aware they need to obtain a plumbing pen -nit before any work is done and referred to a notice that will be sent out advising plumbing; contractors of the proposed changes and that they do need to obtain a plumbing permit. She noted that the Roanoke Homebuilders Association members will also receive a copy of the letter at their next meeting. Ms. McMillan reported that if the proposed changes are approved, this notice would go out by August 150'. before the new process begins. IN Ms. McMillan pointed out that in the past, Town of Vinton Utility workers were responsible for inspections but under the new system, Roanoke County will be responsible for inspections. She also pointed out that if an inspection request is made before 2:00 p.m,, Roanoke County will make the inspection that same day and if the request is made after 2:00 p.m,, the inspection would take place the next work day. Ms. McMillan noted that permits can now be picked up either in Vinton or in Roanoke County no matter whether the job location is in Roanoke County or the Town of Vinton. Ms. McMillan stated that Julie Tucei has been trained on the new process and that Karla Turman would be trained the following week. When the proposed changes take place, the Planning Office will be able to take permit payments with a credit or debit card. Mayor Grose commented that he felt this plan was a huge step fonA!ard in providing customer service to the Town's contractors and citizens. He noted that he had received more complaints about the pen -nit process over the years than any other issue. Mr. Hare asked if the Town was more lenient in the permit process than the County would be, Ms. McMillan replied that she knows the Town will get complaints but that most citizens and contractors will get the same service they have always gotten. Mr. Kennedy felt the new process would make the Town consistent with Roanoke County because the Western Virginia Water Authority does not make water/sewer inspections, the County does. Mayor Grose thanked staff and Roanoke County for working out this new permit process and expressed appreciation for the close relationship that the County and the Town has, 2. Undate on Vinton Swinnning_Pool Mr. Lawrence complemented Mary Beth Layman, Special Programs Director, and her staff for the successful year at the Town's swimming pool. fie reported that the partnership with volunteers from Thrasher Memorial United Methodist Church, Vinton Baptist Church and Vinton Wesleyan Church is working out extremely well. Ms. Layman noted that the attendance fior the Wednesday night dinners has been very good with an attendance of 150 to 225 on most Wednesdays. She noted that day -time attendance has been good and gave the total counts for adults, children, twilight swims and Wednesday night dinner swims. She reviewed numbers for swim classes as well and noted that revenue for swim classes would be reported as soon as all classes have ended. Ms. Layman pointed out that they had several days they closed due to rain or storms which could have an effect on revenues. Mr. Altice noted that admissions for this year looks very good. Mr. Nance asked how June, 2011 compares with June of last year. Ms. Layman replied that she would look up the figures and forward them to him. Ms. Layman informed Council that the pool's aluminum diving board broke and needed to be replaced. She discussed options for replacing the board with a basketball goal for the 0 summer. Ms. Layman reported that the material cost to replace the diving board would be $3,200, $1,800 for the Board and $1,400 for the stand, Mr. Lawrence advised that there is no money in the budget to replace the diving board. Ile went on to say that the only surplus in the budget is for a lift that is required by the ADA and he did not feel comfortable spending any of that for a diving board. fle felt that the purchase of a new diving board and stand may be possible for the next swimming season. After some discussion on the permanent basketball goal, Council agreed that they were not ready to make a decision on replacing the diving board with a permanent basketball goal at Z-- this time, Mr. Hare stated that if the pool's revenues allow, he felt they should replace the diving board. Ms. Layman noted another item that needed funding was the painting of the pool. She pointed out that paint chips coming loose and have been found trapped in the purnp*s strainer. She discussed the process needed to remove the old paint and advised that the Town could hire a professional painter or have staff do it along with a few volunteers. Mr. flare pointed out that the pool's future depends on the kind of investment that Council wants to make in the facility. The Mayor agreed and expressed hope that they will be able to continue operating the pool. Council briefly discussed plans on how to show their appreciation to the three churches who are helping with the pool this year. Ms. Layman added that staff has discussed having a pool party for all the volunteers towards the end of the season. She recommended that Council might want to consider attending services at each of the churches that have volunteered. Mr, Lawrence advised Council that staff has submitted an application for VMUs Annual Achievement Awards for Vinton Pool's partnership with the area churches. Fhe work session adjourned at 8:30 p.m. ATITI'ST: Darleen R. Bailey, `Down Clerk 9 Bradley R. Grose, Mayor 99ANIM fiff�� F;��#Zmix n#m HERBERT G. COOLEY CHIEF OF POLICE Congratulations! You have been nominated and selected as Officer of the Month for the ,-nonth of June 2011. On June 18, 2011, you responded to the report of a house fire. pon arrival, you found smoke coming from the residence and discovered that the kitchen of the structure was on fire. You entered the home and assisted the residents to safety. You then re-entered the house and used your fire extinguisher to slow the progression of the fire until the fire department arrived. Your quick action, during a dangerous situation, helped save the lives of the occupants of the home and reduced the damage caused by the fire. Your bravery, dedication, and service to the community make you well deserving of this recognition. *-i - I 1 0; 1 fil1`ffll M-11 nonwil - CC: Chris Lawrence, Town Manager Darleen Bailey, Town Clerk Mayor and Council TO: Town Council FROM: Elizabeth K. Dillon, Town Attorney DATE: August 2, 2011 SUBJECT: Amending Vinton Town Code, Section 62-83, Discharging airgun, bow, gravel shooter, of Article V, Weapons, of Chapter 62, Offenses and Miscellaneous Provisions ISSUE/PURPOSE: Amend Vinton Town Code § 62-83, Discharging airgun, bow, gravel shooter, of Article V, Weapons, of Chapter 62, Offenses and Miscellaneous Provisions, in order to comply with the provisions of` the Code of Virginia. ACTION I REQUESTED: Consider adoption of Ordinance No. __ to comply with provisions of the Code of Virginia. JUSTIFICATION- Pursuant to § 15.2-915A of the 1950 Code of Virginia, as amended, a locality may prohibit the shooting of pneumatic guns in certain circumstances, but shall not prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. RECOMMENDATION: Adopt an amendment to the `Town Code (Proposed Ordinance DRAFT ORDINANCE AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, AUGUST 2,2011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to amend § 62-83, Discharging airgun, bow, gravel shooter, of Article V, Weapons, of Chapter 62., Offenses and Miscellaneous Provisions, of'the Vinton 'Town Code and providing for an effective date. BE IT ORDAINED by the Town Council of the Town of Vinton that § 62-83, of'Article V, Weapons, of Chapter 62, Offenses and Miscellaneous Provisions, of'the Vinton 'Town Code is hereby amended and reenacted to reflect recent amendments to Virginia Code § 15.2-915.4 (1950), as amended, as follows: See. 62-83. Discharging air#" pneumatic curt, bowel s.hooter. (a) No person shall, anywhere within the town, discharge an arrow, shot, stone, gravel, bullet 1313, vellet, vaintball, or any similar thing qb ject from a pneumatic gun, bow, gfavel shooter- or other similar instrument except as authorized by this ordinance. For the purpose of this section, '*pneumatic aun" means anv implement desip-ned as a P-un that will expel a 13B, pellet, paimball, or similar object by action of pneumatic pressure, (b) Pneumatic P-uns, bows, and other similar instruments may be used at facilities approved for shooting ranges, or other property where firearms or bows may be discharged lawfully, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossinv, the bounds of the property. "Reasonable care" means that the P-un is being, discharp-ed so that the projectile will be contained on the nronertv by a backstop, earthen embankment, or fence. The discharp-c of projectiles across the bounds of the property shall create the rebuttable presumption that the use of the pneumatic iwn or bow was not conducted with reasonable care. Minors may use such instruments only under the following, conditions: 1. Minors under the age of 16 must be supervised by a parent, guardian, or other adult supervisor approved by the parent or Puardian and shall be responsible f'or obevina all laws, regulations, and restrictions cwverninp- the use thereof, 2. Minors 16 vears of age and older must have the written consent of a parent or guardian and shall be responsible for obevimz all laws, regulations, and restrictions wvernin the use thereof. (be) A violation of this section shall constitute a elass4 class 3 misdemeanor. This ordinance shall take effect upon passage. This Ordinance adopted on motion made by Council Member and seconded by Council Member with the fallowing votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, Town Clerk TO: Town Council FROM: Elizabeth K. Dillon, Town Attorney DATE: August 2, 2011 SUBJECT: Amending Vinton "Town Code, Article 11, Noise, of Chapter 34, Environment ISSUE/PURPOSE: Amend Vinton Town Code Article 11, Noise, of Chapter 34, Environment , in order to comply with Virginia law, ACTION REQUESTED: Consider adoption of Ordinance No. to comply with Virginia law. JUSTIFICATION-. The Supreme Court of Virginia, in Tanner• v. City qfVirginia Beach, found that the "reasonable person" standard used in most noise ordinances throughout Virginia was unconstitutionally vague. Local government organizations then worked to draft sample noise ordinances that would withstand constitutional challenges. RECOMMENDATION: Adopt an amendment to the Town Code (Proposed Ordinance No. rll� �)= � AT A REGULAR COUNCIL MEETING HELD ON TUESDAY, AUGUST 2,2011, at 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179 AN ORDINANCE, updating and amending Article 11, Noise, of Chapter 34, Environment, to reflect the Supreme Court of Virginia's ruling in Tanner v. City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED that Chapter 34, Environment., Article 11, Noise, §§ 34-21 through 34-24 and 34-26 through 34-27 are amended and reenacted and § 34-25 is deleted and reserved as follows: ARTICLE 11. NOISE See, 34-21. Declaration of policy. At certain levels, noise can be detrimental to the health, welfare, safety, peace, and quality of life of the citizens of the Town of Vinton, and in the public interest, noise should be controlled. Therefore, it 'Wis hereby declared to be the public policy of the town to promote an environment for its citizens free from noise that jeopardizes their health or welfare or degrades the quality of life. See. 34-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Lh,vellinz Unil shall mean one or more rooms arranged, designed, or intended to be occupied as separate living, quarters by one or more persons and includinp, permanent provisions for living , sleeping. eating, cookin, and sanitation. l"Wergenc i V work means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from immediate exposure to danger, including work performed by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle means the following self-propelled vehicles: passenger cars, trucks, truck - trailers, semitrailers, campers, racing vehicles, and any motorcycles including, but not limited to, motor scooters, minibikes, all -terrain vehicles and three-wheelers, as defined in Code of Virginia, § 46.2-100. 11 Noise or noise disturbance means any sound which La) endangers or injures the safety or AW 11 health of any person„ (b) �A RiMs a reason-Il- --'on of normal sensitivities-, causes or tends to cause an adverse psychological or physiological effect on any person-, or to endangefs injj_­ negativelv impacts the value of personal or real property. Oi,vner means the person owning, controlling, or possessing land, premises, or personalty. Person means any individual, corporation, cooperative partnership, firm, association, trust, estate, private institution, group, agency or any legal Successor, representative, agent or agency thereof. Plainly autlible shall mean any sound that can be detected by a person using his or her unaided hearing faculties. Public property, means any real property owned or controlled by the county or any other governmental entity. Sound means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a rnedium with internal forces that cause compression and rarefaction of that medium, and which propagates at finite speed. The description of sound may include any characteristic of' such sound including, duration, intensity, and frequency. Souncl-ainplih,inz eauininent means any machine, device, or equipment for the amplification of the human voice, music, or other sound as defined herein. This terra shall not include warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic -safety Purposes. See, 34-23. Exceptions. `The provisions of this article shall not apply to: (1) The emission Of Sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work. (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship. (3) Sound generated from school -sponsored athletic or recreational events. (4) Sound generated by activities which are an official or approved part of the Vinton Dogwood Festival, or any other town -approved festival or activity. (5) Sound generated in M-1, M-2 and B-G zoning districts which are necessary and incidental to the uses permitted therein, (6) Sound for which a variance has been granted in accordance with section 34- 27. (7) Re]iQious or political Qatherinas and other activities protected by the First Amendment to the United States Constitution. (8) Sounds generated by airplanes and trains. See. 34-24. Penalties. A violation of any provision of this article shall constitute a misdemeanor on the following schedule: (1) First violation: class 4 misdemeanor, (2) Second violation: class 3 misdemeanor. (3) Third violation, class 2 misdemeanor. (4) Fourth and any future violation: class I misdemeanor. Each separate act on the part of the person violating this article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. See. 34-25. G eneral prohibition. 'OflS in addition to the SpeeA- PF011.1-31ti -01ital - 'R INS "A c! no perso*-sha --wake-, c-a�e, O-r oatise to Ile made, eentinued --ft-A -- noise disturbances with4i--the towii-Reserved. See. 34-26. Speeifie+aets as noise di-sturbanee.-Loud noises prohibited. The following acts are declared to be noise disturbances in violation of this article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under section 34-25 and provided that the acts so specified as follows may still constitute a noise disturbance tinder section 34-25 independently of the hours of day such acts take place: (1) Engaging in, or operating or causing to be operated any equipment used, in the construction, repair, alteration or demolition of buildings, streets, alleys or appurtenances thereto, except for emergency work, between the hours of 9:00 p.m. and 7:00 a.m, the following day. The use of construction vehicles for transportation to and from an active construction site may be done at any time. M (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical device between the hours of 9:00 p.m. and 7:00 a.m. the following day in a manner as to be plainly audible across property boundaries, (3) Loading or unloading trucks in the outdoors within 100 yards of a residence between the hours of 9:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle, (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 9:00 p.m. and 7:00 a.m. the following day, in such a manner as to be plainly audible across property boundaries or through partitions common to two residences within a building or plainly audible at a distance of 50 feet or more from such device, (6) Using of epefalling a lou-'speakef of other sound amplif cation 4xed--or movable position "'I'dint f ed upen any motor veh le of mouffw� +,..e e.e.-of a building vVith. ..e ifAefft-4 pi-Viding sefAee 4e--zrir c,�* area Z.7 a&-eftilstng, b-i—Mb- instfueiion, ififefffiatten, difeetions-,—talks, ad4fesses-, A' lectur-es of to any pefsons-or--a%emb, - ge 11 r --pefseffs Ear} --any private of public F.-pe.t., _,vzmr4rre,_._ p,ffl, and 7:00 a.m. the Mg-4ay- Using or operating on the inside or outside of any store, shop, business establishment, warehouse, or commercial building, any loudspeaker, sound amt)lifvinp, equipment, or other sound producing or reproducing device capable of emitting music, noise, sounds, taves, or voice in such a manner that it is plainly audible on any public sidewalk or street unless it is used only intermittently for announcing or paging an individual or unless it signals the ringing of a telephone, danger from smoke, a fire, or a burglary, or the beginning or stopping of work or school, or unless it is operated in accordance with conditions of zoning. (7) flaying or permitting the plaving of any radio, stereo. tape player, compact disc player, loud speaker. sound -amplifying equipment, or other electronic device or mechanical equipment used for the amplification of sound within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet of more from the vehicle. This provision shall not ar)r)lv to sirens, loud speakers, and emeraencv communications radios in public safety vehicles; nor shall this provision apply to motor vehicle alarms or other security devices. (74(8) Using or operating any motor vehicle without factory -installed mufflers or their equivalent, on private property within a residential use district. 4 (.&)n Using a fadi receiving set, an audio cassette player, a eompaet-��, of ot..er -ev.ee -r- the pro-diietion et'sotind in a ffietofveltiele --+. a 191olume ..G.es, flie Occupants of -4-4 tesi-ences or businesses, of ped—t-a— --on-ble F—ii-4.7 ffR40f vehlele. To allow noise between the hours of 9:00 p.m. and 7:00 a.m. that is -Plainly audible either inside the confines of the dwellinp- unit, house, or apartment of another person or at a distance of 50 feet or more, (10) Allowinv any animal (except farm animals in agricultural districts) to create noise that is plainly audible at least once per minute for ten consecutive minutes (i) inside the confines of the dwelliniz unit, house, or apartment of another or 60 at a distance of 50 feet or more from the animal. This provision shall not apply if the noise is due to harassment of or iniury to the animal, or due to a trespass upon the premises where the animal is located, (11) Creatimz plainly audible noise in residential areas between 9.00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, Qardeninp-, tree maintenance or tree removal, and other landscapina, lawn, or timbering activities. (12) Failinp, to deactivate an alarm system plainly audible at a distance of 50 feet or more from such alarm within 30 minutes of hearing the alarm or receiving notice of the alarm's activation. See. 34-27, Undue hardship variances, (a) Any person responsible for a noise souree or noise disturbance may apply to the town council for a variance or partial variance from the provisions of this article. The town council may grant such variance or partial variance if they find that. (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this article from which variance is sought would produce serious hardship without producing equal or greater benefit to the public. (3) In determining whether to grant such variance, the town council shall consider the time of day the noise will occur, duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this article. M (4) No variance or partial variance issued pursuant to this article shall be granted for a period to exceed one year, but any such variance or partial variance may be renewed for like periods if the town council shall find such renewal is justified after again applying the standards set forth in this article. No renewal shall be granted except upon application therefor, `rhis ordinance shall take effect upon passage. This ordinance adopted on motion made by Councilmember and seconded by Councilmember , with the following votes recorded: AYES: NAYS: Susan N. Johnson, Town Clerk "RUSIDIVINU Bradley E. Grose, Mayor 0 A Alk To: Members of Town Council From: Lt Chad Helms Date: 7/29/2011 Re: Department of Fire Programs Aid to Locality Fire Grant The purpose of this correspondence is to explain the need and benefit for the yearly Virginia Department of Fire Programs Aid to Locality Fire Grant. This money offsets the rising costs of equipping, not only our apparatus, but our personnel with the safest and most modern equipment possible. During these trying economic times it becomes more and more difficult to replace aging and defective equipment. The DFP grant allows us to replace these items with minimal impact to the budget. The amount of the allotment for 2011 was supposed to be $22,500, Before distribution, this amount was reduced by 10%., which resulted in the town receiving $19,907. At the [after part of June, the state gave us $2563.00, which was derived from interest on the 10% that was withheld. As with the initial allotment, this additional money would be used to replace aging equipment and personal protective equipment. Thank you for your time and consideration of this matter. INWXIIILU## �01 R AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 2, 2011 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town received an additional funding in the 2011 Virginia Department of Program Aid to Locality Fire Grant above the $19,907 in the amount of $2,5631.00, WHEREAS, the funds were not recorded as additional revenues available to spend by the Fire and EMS Department, WHEREAS-, funds need to be appropriated to the Fire and EMS grant related expenditure account and the appropriated revenue account for the June 30, 2012 Budget, NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following: FROM: 200.2404.010 Dept of Fire Programs $2,563.00 TO: 200.3205.317 Fire Grant Related Expenses $2,563.00 Motion made by Councilman , seconded by Councilman , with the following votes recorded: AYES: NAYS: 012GIM"T a Bradlev E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk DATE: August 2, 2011 SUBJECT: Contract for demolition of town owned buildings at 151 Jackson Avenue, ISSUE/PURPOSE: Authorizing the Town Manager to solicit bids, enter into a contract for demolition services, and appropriate the funds for the work. SUMMARY: This request is made to the Town Council to authorize the demolition of the two storage buildings located at 151 Jackson Avenue. Town Council authorization is required before a contract can be awarded and a demolition permit can be issued. Both structures are in a state of disrepair as a result of their age, foundation design, or lack thereof, and many years of neglect. The buildings show signs of structural fatigue and membrane deflection, settling and compromising the appearance of downtown and future corridor improvements. The staff has deemed the building unsafe to occupy based on engineering reviews, fire department observations, professional observation and tours of both structures. It is the intention of the Town staff to solicit bids and to make one contract with one qualified source for the removal of asbestos containing materials and one fin-n fixed price contract with one qualified source for the demolition of the building. Staff' shall coordinate with the contractor and adjacent business and property owners to determine the optimal demolition time frame with the effort of minimizing the impact on business, pedestrian and traffic circulation activities in the immediate vicinity. RESOLUTION NO. 1930 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 2,2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton, to solicit bids for asbestos testing and abatement services and demolition work and appropriating funds for the work. WHEREAS, the Town of Vinton desires to demolish a town owned building at 151 Jackson Avenue; and WHEREAS, asbestos containing materials are suspected in the building and will need remediation prior to the demolition; and WHEREAS, the staff have recommended the Town to make the necessary removal of material and demolition of the building, and WHEREAS, it is the intention of the Town to solicit bids and to make one contract with one qualified source for the removal of asbestos containing materials and one firm fixed price contract with one qualified source for the demolition of the building, NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize theTown Manager to solicit bids for the work and enter into a contract for the work BE IT FURTHER RESOLVED that the Vinton Town Council does hereby allocate funds for the work to: General Fund (200) 200.8150.595 Demolition of Building $20,000 plus interest The source of funds for the foregoing appropriation is the principle plus interest of the General Fund's Beautification Fund held in the unappropriated fund balance. Revenue Account: 200.1899.008 Reappropriation of Fund Balance $20,000 plus interest E This Resolution is adopted on a motion made by Council Member and seconded by Council Member with the following votes recorded: AYES: =W03 ATTEST: Darleen R. Bailey, Town Clerk F% Bradley E. Grose, Mayor Town of Vinton RESOLUTION NO. 1931 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 2, 2011, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, Susan Johnson has been hired as the Town Clerk of the Town of Vinton, effective August 1, 2011; and, WHEREAS, Vinton Town Code, Section 2-93 provides for the Town Clerk to countersign all checks and disbursements issued by the Treasurer in the absence or disability of either the Treasurer or the ToNAm Manager; and, WHEREAS, it is required by the auditors and the depository of Town funds that appropriate authority be granted to the Town Clerk to countersign checks and warrants on behalf of the Town of Vinton in the absence or disability of the Town Manger or Treasurer. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vinton, Virginia, that Susan Johnson is authorized and directed to sign checks in the manner as provided by Section 2-93 of the Town Code and that the necessary signature cards be executed and placed at the appropriate depositories of Town ffinds; and, BE IT FURTHER RESOLVED Tf lAT T11E Town's auditors be provided with a certified copy of this Resolution verifying the Assistant Town Manager's authority to countersign checks in the manner as required in Section 2-93 ) of the Town Code, Motion made by Councilman . seconded by Councilman , with the following votes recorded: AYES: NAYS: • Big= Bradley E, Grose, Mayor ATTEST: Susan Johnson, `Town Clerk