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HomeMy WebLinkAbout3/18/2014 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, March 18, 2014 AGENDA Consideration of: A. 5:45 p.m. - WORK SESSION 1. Request for funding presentations by Community Agencies: a. American Red Cross-Roanoke Valley Chapter b. Vinton Historical Society/Museum c. Vinton Area Chamber of Commerce d. Mountain View Humane Spay/Neuter e. William Byrd High School After Prom B. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. CONSENT AGENDA 1. Consider approval of minutes for the regular Council meeting of March 4, 2014. G. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Officers of the Month for February, 2014 – Detective Sergeant James Testerman and Detective Brandon Hill H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARING 1. Consideration of public comments regarding setting of the real estate, personal property and machinery and tools tax rates for calendar year 2014. a. Report from Staff Bradley E. Grose, Mayor William “Wes” Nance, Vice Mayor I. Douglas Adams, Jr., Council Member Robert R. Altice, Council Member Matthew S. Hare, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 b. Open Public Hearing • Receive public comments • Close Public Hearing c. Council discussion and questions d. Consider adoption of an Ordinance setting the real estate tax rate for calendar year 2014 e. Consider adoption of an Ordinance setting the personal property tax rate for calendar year 2014 J. TOWN ATTORNEY K. TOWN MANAGER ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution setting the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2015 tax year. 2. Consider adoption of an Ordinance decreasing an excise tax on the sale of cigarettes from $0.35 to $0.25 on each package containing 25 or fewer cigarettes. 3. Consider adoption of a Resolution approving the final Revolving Loan Program Plan and Guidelines Manual and its supporting documents to administer the Revolving Loan Program as part of the CDBG Program. BRIEFING 1. Briefing on required amendments to Division 4, Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2, of Article V, Supplementary Regulations, of Appendix B, Zoning, of the Town Code. UPDATE ON OLD BUSINESS L. MAYOR M. COUNCIL N. ADJOURNMENT O. WORK SESSION CONTINUED 1. Request for funding presentations by: a. Vinton Volunteer First Aid Crew b. Vinton Volunteer Fire Department 3 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. NEXT TOWN COMMITTEE/COUNCIL MEETINGS/EVENTS: March 31, 2014 – 5:30 p.m. – Finance Committee meeting – Finance Conference Room April 1, 2014 – 6:00 p.m. – Work Session followed by Regular Council meeting at 7:00 p.m. – Council Chambers Meeting Date March 18, 2014 Department Administration Issue Request for funding presentations by Community Agencies: a. American Red Cross-Roanoke Valley Chapter b. Vinton Historical Society/Museum c. Vinton Area Chamber of Commerce d. Mountain View Humane Spay/Neuter e. William Byrd High School After Prom Summary Representatives from each of the Community Agencies will be present to give a 10 minute presentation to support their request for funding in the FY2015 budget. Attachments FY2015 Request for Funding Applications Recommendations No action required Town Council Agenda Summary 2902 Washington Avenue Vinton, VA 24179 Dear Town of Vinton: For many years, the William Byrd High School PTSA has organized an After-Prom celebration. The sole purpose of this activity is to provide a safe, fun, and memorable drug- and alcohol-free all night celebration for ALL our junior and senior students. Remember, a student may attend the after-prom celebration even if they don’t attend prom. It is a well known fact that peer pressure is the highest for teens on prom night and graduation. Parents and volunteers are once again working countless hours to provide a memorable and entertaining evening of alcohol-free and drug-free fun for our teens. This special event sends a clear message to every student that we care about their safety, especially in light of the recent tragic events that have affected our community. William Byrd is the only school in Roanoke County and Roanoke City that continues to offer this evening completely free for students, thus making it fully accessible for all juniors and seniors to attend. The estimated budget for the entire evening is approximately $10,000. When planning your budget for the upcoming year, please consider WBHS After-Prom as one of your charitable organizations. Every donation, no matter the amount, is greatly appreciated. Your gift is tax deductible and 100% is used toward the evening (no administration fees). Upon receipt of your donation, we will provide a letter detailing your donation and include our tax ID number for your tax records. Checks may be made payable to WBHS PTSA After-Prom. Please drop your donation (accompanied with the completed form below) by the school office or mail to: WBHS PTSA After-Prom, 2902 Washington Ave., Vinton, Va 24179. Sincerely, WBHS After-Prom Committee Name: ___________________________________________________ E-mail: _________________________________________________________ Phone: ______________________________ Mailing Address: _________________________________________________ __________________________________________________ Donation: ______________________________________________________ Meeting Date March 18, 2014 Department Town Clerk Issues Consider approval of minutes for regular Council meeting on March 4, 2014. Summary None Attachments March 4, 2014 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, MARCH 4, 2014, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor William W. Nance, Vice Mayor I. Douglas Adams, Jr. Robert R. Altice Matthew S. Hare PLANNING COMMISSION MEMBERS PRESENT: David R. Jones Robert A. Patterson Paul R. Mason William E. Booth Dawn M. Michelson STAFF PRESENT: Christopher S. Lawrence, Town Manager Elizabeth Dillon, Town Attorney Susan N. Johnson, Town Clerk Ryan Spitzer, Assistant to the Town Manager Barry Thompson, Finance Director/Treasurer Gary Woodson, Public Works Director Anita McMillan, Planning & Zoning Director Karla Turman, Associate Planner/Code Enforcement Officer Joey Hiner, Assistant Public Works Director Chris Linkous, Fire/EMS Captain Chad Helms, Lieutenant, Fire Department The Mayor called the joint work session to order at 6:00 p.m. to hear a briefing concerning the proposed amendments to Division 11, FO Floodplain Overlay District, Sections 4-56 through 4-61, of Article IV, District Regulations, of Appendix B, Zoning, of the Town. The Town Manager made opening comments, introduced Mellissa Hall, with the Virginia Department of Conservation and Recreation (DCR) and then turned the meeting over to Karla Turman for the presentation. Ms. Turman began by commenting that she had provided Council and the Planning Commission members with some additional printed materials. One was information from DCR’s website regarding floodplain management, a map of the mobile home park on Cedar Avenue, and two maps from 2009 showing the floodplain properties in the Town which include the floodway and the 100 year floodplain. Per Roanoke County, 331 properties are in the floodplain, 105 are either partially or totally in the floodway and 121 are 100% in the 100 year floodplain. Of those 331 properties, there are actually 171 owners. A mailing was sent to all of those owners to let them know that we would be meeting to discuss the amendments to the floodplain ordinance. 2 Ms. Turman next commented on some questions she had received prior to the meeting. The first question was whether or not the additions proposed by FEMA and the Town have already been determined to meet the federal requirements. The response was that the draft ordinance, which was sent as part of the agenda package, was based on an example floodplain ordinance for Virginia that was provided by DCR, which does meet the federal regulations. The language added by the Town refers to those regulations that make the ordinance stricter than what FEMA requires. The next question was how many property owners in the Town are eligible to obtain the federally backed insurance. Any property owner in Town can purchase federally backed insurance as long as the Town participates in the National Flood Insurance Program. There are property owners not in the floodplain who have the insurance coverage for sewage back-up, which your homeowner’s insurance does not cover. Vice Mayor Nance asked if we know how many actually have flood insurance now. Ms. Turman responded that she does not have those figures with her, but she recalls 56 total policies as of last summer and either six or seven of those were preferred policies. William Booth asked if those outside the floodplain had to get their insurance through a certain company or their own private insurance company. The response was flood insurance would be obtained from their own insurance agent. Ralph Darienzo, a member of Living Waters Church on Vale Avenue, asked if there is a low cost insurance that FEMA will allow those in the floodplain to apply for. Melissa Hall responded that FEMA floodplain insurance is the low-cost option. Before 1960 when FEMA implemented this program through the National Flood Insurance Act, flood insurance was not generally available in the United States because it was too costly and too high a risk for the standard insured. Now that FEMA has gotten into the flood insurance business, those policies are available for re-sale through standard insurance agents. However, the risks are generally on the backs of the federal government. For new policies, the costs are very high. Those who have had the insurance for several years have been receiving preferential rates. That has now changed and those who purchase existing structures in the floodplain that do not meet the construction standards are getting levied more of the full actuary risk that that structure represents. Mr. Adams commented that with the hurricanes and floods that have happened up North, he’s heard that flood insurance did not pay. Ms. Hall responded there is a cap for individual policies through FEMA of $250k for structure, but she does not remember the contents cap. In addition, a lot of what we are hearing in these cases is that the owners had homeowner’s policies, but not flood policies and did not realize they needed it until the event happened. 3 Ms. Turman next commented that she was able to get the information regarding how many people have flood policies in the Town. As of last year there were 43 in the special flood hazard areas and six that were preferred risks outside of the floodplain. There were seven policies within the 500 year floodplain. A question was asked if the private sector offers similar insurance and if so, is it more expensive. The private sector does offer flood insurance through Lloyds of London and it also requires the community to participate in the National Flood Insurance Program in order to be provided a policy. Regarding the mobile home park on Cedar Avenue, a question was asked if our current ordinance allows those trailers to be replaced as they are. The response was yes, but the new trailer would have to go back in the same spot. It could not be any bigger than the trailer being replaced. However, if this new ordinance is passed, replacing a mobile home would be considered a substantial improvement if it is more than 50% of the home’s value. Once it becomes a substantial improvement, it will fall under the new construction requirements and will have to meet all of the construction and elevation standards, which are now at two feet above base flood elevation. Also, they would have to have hydrologic and hydraulic engineering done to prove the structure would not cause any rise in flood waters. This is the only mobile home park in the Town and the map referred to earlier shows all the mobile homes that are in the park, a total of nine. Seven of those are in the floodway at least partially. Vice Mayor Nance asked if these mobile homes are the only homes that would be impacted on their right to build with the passage of the suggested changes. Ms. Turman responded that any structure built in the floodway would have to meet the new requirements, not just mobile homes. Ms. McMillan commented that the Town bought seven former structures in the floodway with the flood mitigation grant money in the late 1990s, and in 2005 the Town bought two properties on 5th and Walnut and demolished the structures that were on the lots. There are no other structures now in the floodway except the seven in the mobile home park. Vice Mayor Nance commented that we are definitely going to be limiting individuals’ ability to rebuild homes, but without the passage of these changes, no one is going to have the ability to obtain flood insurance. Ms. Turman said commercial properties would also be affected as well as homeowners who have a mortgage which requires the flood insurance. Ms. Hall commented that this is not just a matter of flood insurance, but a matter of any federally backed mortgage being available. You cannot have a federally backed mortgage in the floodplain without flood insurance and all of those homes would be affected by the failure to maintain the Towns’ National Flood Insurance status. 4 Ms. Hall also commented regarding the floodway and the issue of no rise in flood waters. Existing homes within floodplains have been calculated into the base flood line level. Basically, the ordinance says if you build to here (the base flood elevation), the waters can get no more than one-foot above the base level. If you build past here, you are going to increase that flood which will affect other people. If you replace the mobile home, you will have to elevate it properly because you will still have to comply with the general regulations and not increase the footprint that is a reasonable and acceptable floodway application. However, if someone replaces a single wide with a double wide, obviously they are increasing the amount in the floodway and that is unacceptable. Ms. McMillan commented that the Town does allow development in the floodplain as long as for residential it meets the two feet above floodplain and commercial the foundation has to be one foot above the base flood elevation. After further comments from Ms. McMillan, Planning Commission Chair, Dave Jones, asked when the offers were made to buy properties as part of the flood mitigation program, were these mobile homes excluded. Ms. McMillan responded that VDEM indicated that a mobile home park costs a lot more, so they asked that we go into residential, not commercial since there was only a certain amount of money. The Mayor asked the history of these eight locations shown and do they get flooded regularly. Ms. Turman responded that we do not have any way of knowing that unless they were to submit a claim for flooding. The Mayor referred to a comment that was made earlier about homeowners’ insurance not covering backups. He knows you can get a rider for your policy to cover that at a cost of approximately $35-50 a year. The Town Manager reiterated the Mayor’s comments that you can purchase a rider for water/sewer back-up. Ms. Hall commented that flood insurance will not cover a single home event, but that two homes must be affected in order for flood insurance to kick in. Dave Jones asked if there was a cost to the Town to be in an NFP community and the response was only staff time in putting together the ordinance. The Town Manager commented that there had been discussion in the past regarding our potential to change our CRS rating to allow those with flood insurance policies to possibly receive a slightly lesser policy rate. In order to do this, it would take more time of our Planning staff to devote to education, policy development and implementation and it was decided not to proceed at that time. In Section 1.5 (A) of the draft ordinance, Mr. Hare asked for clarification regarding other ordinances still being in effect if they are more restrictive. Ms. Hall responded that the flood 5 insurance is an overlay district which means that you have to follow all the rules for the flood ordinance. In addition, if it is a commercial structure, you have to have the same set-back and zoning requirements that are already in the ordinance. Whichever is the more restricted has to be followed. Ms. McMillan also stated that any requirements of the stormwater ordinance would apply in addition to the floodplain ordinance. Ms. Turman said there would possibly be some wording change in that section to make it more understandable. In response to a question about variances, the Town Manager stated that staff can review all of those and see how they might be affected. Ms. Turman commented about the recent variance that was given to Mr. Butler for his new building to be moved back to get it out of the floodplain. The Mayor stated he wanted to confirm that if this ordinance is not passed, then no one in the Town would be eligible for the federal flood insurance program. Ms. Turman responded that was correct and no one in Town would be eligible for any flood insurance program because even the private company requires that they be in an NFP community. Mr. Hare added that people would also lose their federally backed mortgage which means people would be without a home. Also, the Town Manager commented that if we did have a large flood that caused significant damage, the Town would not be eligible for FEMA reimbursement. Ms. Turman next commented that Council could just pass the FEMA requirements and not go any stricter than what is required. Ms. Hall commented that at the time the map study was done, if a 100 year flood happened that day, how high would we expect the waters to go. We know that people are going to build and fill the floodplains because that is what people do and the expectation is that some of that activity would cause as much as a foot rise over the base flood elevation. So if FEMA only requires you to build at the base flood elevation, why would they let people build to the point where a foot above the base flood elevation is going to be flooded. That is why sensible communities like Vinton require more because if you build at the base flood elevation, you are planning for failure. Ms. Turman further commented that our ordinance being stricter than FEMA is not anything new, that has been our history. Dave Jones asked how we compare to other communities in the area or the Valley. Ms. McMillan commented that the Town is just like Roanoke County and the City of Roanoke. They both require a two-foot above flood elevation for residential and a foot above elevation for commercial. Both Roanoke County and the City of Roanoke participate in CRS that gives a reduction to homeowners that have flood insurance. Roanoke City is at Level 7 and Roanoke County is at Level 8. If the 6 Council decided to proceed with trying to lower the Town’s CRS, these restrictions would give us points as far as requiring structures to be above the base flood elevation. Vice Mayor Nance asked about Article V, Section (B) in deciding which wording to use. Ms. McMillan indicated she would check with Roanoke County to be sure which language we should use. Mr. Nance commented that the blue language “conform to the VA USBC” appears to be a little bit more rational. Ms. Turman commented that what is in blue is the new ordinance and the red language is in our current ordinance. In response to a question from Mr. Hare, Ms. Turman responded that the new regulations are not going to impact flood insurance policies. What is going to affect the flood insurance policies is the Biggert-Waters Act of 2012. This Act was created to bring more money into FEMA based on an actuary and they are not subsidizing the insurance costs as much anymore. Ms. Turman gave two examples of a lady who said her flood insurance premium has been about $400 plus for a long time, but last year her bill was $4,000. The gentleman in the audience who is with Living Waters Church on Dale Avenue stated that they started out at $600 and now it is $4,800 a year. The Town can help those individuals through the CRS program by reducing the Town’s rating level to give property owners a decrease in their flood insurance rate. Dave Jones commented that Southern States flood insurance premium was in the thousands and now it is in the hundred thousands and you do not operate a business without flood insurance. Ms. Hall commented that there is one way this ordinance might affect people is that if you have a flood insurance policy, part of your coverage is increased cost of compliance feature. If an event takes place that requires a homeowner to bring their home up to current standards if their home is substantially damaged, those would not be the minimum standards, but the standards of the community. So in Vinton people would have to have their homes raised two feet above instead of base level elevation. Mr. Darienzo from the audience commented that he was told that the Church’s floor is about two inches too low. He asked if they could raise the floor two more inches to four inches, would that pass the regulations. Ms. Turman responded that they would have to look at the elevation permit to see where the base foot elevation is and it would have to be raised a foot above the base foot elevation. Staff can check to see if there is an elevation certificate on file for the Church. Mr. Booth asked if there is a recommendation from staff to the Council and Planning Commission. The Town Manager 7 commented that it needs to be approved. There are probably a couple of areas that we might need to have some language adjustment if there is an issue or a higher standard than what the minimum of FEMA is and we will make sure you know what that is. The option of not having it is huge, just two corporations alone would have to move and we want to make sure the community and the people affected are aware of it and that we are able to communicate and work with them to the greatest extent possible. Dave Jones commented that they just did a half million dollar project and in order to get the permit to start, they had to prove that they were within the requirement of the Town. The Town Manager commented that the next step was to hold a joint public hearing on April 15th with the Planning Commission to take action first and then Council would be in a position to take action. We have until the end of April to get this adopted. The Work Session ended at 6:55 p.m. and Council took a recess. The Mayor called the regular meeting to order at 7:05 p.m. The Town Clerk called the roll with Council Member Adams, Council Member Altice, Council Member Hare, Vice Mayor Nance, and Mayor Grose present. After a Moment of Silence Mr. Altice led the Pledge of Allegiance to the U.S. Flag. Roll Call Mr. Adams made a motion that the consent agenda be approved as presented; the motion was seconded by Mr. Altice and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Approved minutes of the regular Council meeting of February 18, 2014 The Mayor read a Proclamation declaring the month of March as American Red Cross month. He then commented that while he was in the military, the Red Cross was always there and was very encouraging. Mr. Lee Clark, Chief Executive Officer for the American Red Cross, Virginia Mountain Region, was present at the meeting to accept the Proclamation. He made brief comments and then read a letter to the local Red Cross from a local family who received assistance during a recent house fire. The next item on the agenda was to consider adoption of Resolution awarding a bid and authorizing the Town Manager to execute a contract with Lawrence Equipment in the amount of $91,238.00 for a Case 580 Super N Backhoe. Gary Woodson commented that Public Works solicited bids to replace the 1995 Case Backhoe that has exceeded its useful life. Two bids were received, one from Lawrence Equipment, which is the same vendor from which we recently purchased a new tractor, and one from Boone Tractor Company in Salem. We went out with a base bid and five 8 alternates for attachments, parts or pieces so we could compare and get the most for the dollar amount. Lawrence was the low bidder and we were able to get two additional attachments, the factory installed hydraulics and a plate compactor/tamper. The bid was $91,283.00. The Town Manager stated for the record that he has no relation to Lawrence Equipment. Mr. Woodson further commented that the asphalt roller also came from Lawrence Equipment. In response to a question about how many back hoes the Town has, Mr. Woodson stated three. The backhoe being replaced is the one that sets out on the material yard and it is in poor condition. We plan on making it surplus. Vice Mayor Nance asked how we handled this in the budget for the purchase and the Town Manager responded that it is in the water/sewer fund and is tied to the bond sale that we did. A part of the bond went out for 20 years and the equipment part of the bond money only went out for five years. Mr. Thompson commented that it is in the 2013 Capital Improvement Bond Series, not in the operating budget. Vice Mayor Nance then asked what was our target for this purchase and Mr. Woodson responded $95,000.00. Vice Mayor Nance made a motion that the Resolution be adopted as presented; the motion was seconded by Mr. Hare and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Adopted Resolution No. 2055 awarding a bid and authorizing the Town Manager to execute a contract with Lawrence Equipment in the amount of $91,238.00 for a Case 580 Super N Backhoe The next item was to consider adoption of a Resolution approving the final Revolving Loan Program Plan and Guidelines Manual and its supporting documents to administer the Revolving Loan Program as part of the CDBG Program. The Town Manager explained that Ryan Spitzer was meeting with the Planning Commission to review the CIP for FY2015 so they can make a recommendation back to Council. The Town Manager then commented that following the last Council meeting Mr. Spitzer was directed to work with the Loan Committee and the Town Attorney to create a more formalized loan agreement that would bind the borrower to repay the loan in a more structured way. The proposed agreement has the actual signature of the borrower not just their business. This does not mean that we are guaranteed to get the money back, but it could help us from being a second or subsequent loan if someone filed bankruptcy as a business. The recommendation from the Revolving Loan Committee is that Council approve the final Plan and Guidelines Manual as well as supporting documents, more specifically the actual Loan Agreement. Once approved, the Committee will then start the public process of communicating with those the Committee has already talked with and others who may be interested. We have $100,000 9 and the goal is to dispense primarily in increments of $10,000 with some flexibility. Also, out of the $100,000, there is a requirement that four jobs be created. Mr. Hare asked if this loan agreement would be subordinated to another and the Town Attorney responded that it could be. Mr. Hare then asked if we would want it to be or would we give an allowance and say you cannot subordinate your loan. The Town Attorney commented that the Committee could further discuss the issue, but it is not included in the current agreement. She imagined there could be circumstances where you would want someone to be able to do that and circumstances where you would not want someone to. Vice Mayor Nance said if it is silent, would the Committee have the ability to potentially do it on a case by case basis and the Town Attorney stated there could be an addendum to use on a case by case basis. The Town Manager asked if everyone knew what subordinate option meant and the Town Attorney explained that if a borrower had a home mortgage and wanted to use their home for collateral on another loan, there would be a determination as to which loan would be subordinate to the other. The Town Manager further commented that one of the bankers on the Committee gave the example of someone going to the bank for a loan and not having the required deposit. They could possibly use their Revolving Loan Fund money for the deposit. The Mayor commented that if we tabled the matter for a few weeks would it hurt the schedule and the response was no. The Town Manager stated the other option was to approve the items tonight and then staff could come back with an addendum. Mr. Hare made a motion that the Resolution be tabled until the March 18, 2014 meeting; the motion was seconded by Mr. Altice and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. Tabled Resolution approving the final Revolving Loan Program Plan and Guidelines Manual and its supporting documents to administer the Revolving Loan Program as part of the CDBG Program to the March 18, 2014 meeting Under briefings, the first item was an update on real estate tax assessment for Calendar Year 2014 and request to advertise a public hearing for March 18, 2014, to set the real estate tax, personal property tax and machinery and tools tax rates. Barry Thompson reviewed the 2014 assessment figure provided by Roanoke County which showed a total decrease of $1,162,900 from the 2013 assessment. The new construction figure in the Town for 2013 of $346,000 was then subtracted from that figure for a total decrease of $1,508,900, which is a .25% decrease. The same tax rate applied for year 2014 as in year 2013, will net a decrease of $349. In accordance with Section 58.1-3321 of the 1950 Code of 10 Virginia, as amended, if the tax assessment is an increase of one percent, we are required to advertise. Since there is a decrease for the third year in a row, there is no advertisement required by law. However, we have always advertised. Mr. Thompson requested Council to authorize the advertising of the tax rate for Public Hearing on March 18, 2014. Mr. Altice made a motion to authorize the advertising; the motion was not seconded. Mr. Altice retracted his motion and Council gave a consensus to authorize the advertising of the public hearing. Authorized advertising of a public hearing for March 18, 2014, to set the real estate tax, personal property tax and machinery and tools tax rates The next item was a briefing on proposal to increase career Fire/EMS staff at Station 2 to provide staff for a 24- hour Fire Engine. The Town Manager began with a Power Point presentation and first commented that the issues and needs are that local government is committed to provide Fire/EMS as a core service. Over the years on the national as well as local level, volunteerism in Fire and EMS has declined and we are seeing a decline in the ability to respond to fire calls during evening hours. From the Fire side, our career staff work 12 hours (from 6 a.m. to 6 p.m.) and the 6 p.m. to 6 a.m. along with weekends and all of our holidays are covered by volunteers. This is not just a Vinton Station 2 problem. It affects all of East Roanoke County in that the calls that are not responded to have been on the rise. Last fall, at a meeting with Roanoke City, Roanoke County and the Town, Roanoke City indicated they were willing to provide mutual aid between the County and the City, but the number of calls had gotten to the point of concern that while they were responding to the County, they were leaving their own stations without coverage. Data collected indicates that Read Mountain, which is in Botetourt but is a joint station owned and operated by Roanoke County, did not respond to 58% of fire calls, Vinton was at 32% and Mount Pleasant at 31%. These three stations back up each other’s calls and we are one of four core stations in the County. The Town Manager continued commenting that a joint meeting was held with the three localities to discuss the issue and the City requested that we have some type of solution by July 1, 2014. A joint committee was created to gather input from Roanoke County staff, Town career and administration staff and the Town Volunteer Fire and First Aid Crew. This committee looked at solutions and options beginning with the demand on the services. A review of the equipment indicated that Station 2 has all of the right equipment, two fire trucks, a ladder truck, three ambulances and support vehicles. We have over 2,000 calls in a calendar year and the demand on the services is great, mostly made up of EMS calls. Fire service is there when you need it, but they do not 11 run as many true fire calls as there are clearly EMS calls. The committee then developed two primary options to address needed level of service and took into consideration what resources (people and funds) do we have available within our span of control as staff. Renovation needs and options were also reviewed for the current station because the Fire career staff does not spend the night there. Renovations to try to encourage and promote the volunteers to spend the night and/or stay at the station longer were considered, along with what would be needed for the 24-hour career staff. Next, the Town Manager commented on incidents and staffing. From January to October of 2013, there were 1,885 total calls from the Vinton station. That represents 17% of all the calls throughout the entire County and the Vinton station is the 2nd highest in all 12 stations of the number of calls that went through Vinton. The fire truck/engine and ladder truck are staffed by career staff on Monday through Friday for 12 hours. During the day there are two ambulances staffed by career staff, one being 12-hour and one being 24-hour. If the second ambulance is needed, two run that call and the ladder truck cannot be run. If the ladder truck is needed, then the ambulance gets dropped. All the other times, the fire volunteers cover the fire trucks and generally they have enough volunteers for an engine while they are at the station. The second ambulance is staffed by the First Aid Crew and at times we have a third ambulance when the First Aid Crew has enough volunteers available. The need to provide a 24-hour career staffed fire truck will increase the ability to respond to calls throughout the night because career staff will be at the station and can supplement the volunteers. This will make the City as automatic mutual aid and rather than going through a cycle of County stations, we will get the truck that is closest to the incident first. The Committee came up with two options. Option One is to drop the second medic truck and put that staff plus two additional staff (to be hired by the County) on the fire truck 24 hours a day plus one ambulance. The pros are having 24- hour fire coverage, but the cons are loss of the ladder truck and loss of the second medic truck during the day which will create a domino effect on the County system. We will also lose transport revenue and the Town Captain as a department head. The Town Captain would work the same 24-hour shift as the other career staff and probably be available less than six days a month in an administrative position. The County has already hired the two additional career staff who will complete the academy and be available to work in early July. 12 Option Two maintains the current system in place today with one 24-hour fire truck and one ambulance. On the 12-hour shift will be the ladder truck and a medic truck. This option would require the addition of seven new employees, two by the Town and five by the County. This option would meet the current needs and maintain the current level of service; however, there are limited resources to fund seven employees in one year from the Town and the County. Staff has been working through the Town’s Public Safety Committee. With the resources we have in working directly with the County, we will be able to work diligently through the FY2015 budget process to afford Option One. However, there is a real concern about dropping the second medic truck. The recommendation is for the Town to also fund a new position to accommodate maintenance of the department head position. The expectation is that we would fund Option Two in the FY2016 budget to prepare for implementation on July 1, 2015. That means for one year, we would have one fire truck and one ambulance and then in July 2015, we would have enough staff along with the County to add back that second ambulance. The Town Manager next commented that funding for Option One would require approximately $60,000 per person, a reduction in transport fees of approximately $30,000 and minor promotional expenses. Option Two would cost approximately $120,000 to fund two additional career staff plus some additional promotional expenses. It would, however, maintain our transport fees. Roanoke County would have to fund five new positions now and they have currently committed to two and any additional positions cannot be supported by their current budget. They would work towards funding the additional three new positions a year from now. In regard to Town staffing, a department head is needed at the Fire station. Under Option Two, we would have to hire two people half way through the year and get them through the academy. Rather than doing that, we recommend changing Captain Linkous’ title to Deputy Chief which will maintain the ranking system. The volunteers have their Chief and the County has their Chief, the volunteers and the County has their Assistant Chiefs and then Captain Linkous would fit in as Deputy Chief. Without this change, he will be one of four Captains. This will allow us to maintain the department head integrity and keep the realty that the Vinton station is a funded Town-owned station and there is an understanding between the County Captains that the Town. Proposed renovations include a bunk room for six more career staff and improved facilities for the volunteers. The Committee developed a proposal to make some renovations 13 in the fire station by turning the current career office and day room into the bunk room. This day room and office would be moved upstairs. The large kitchen upstairs would be renovated as well as the volunteer bunkroom, the Volunteer Apartment kitchen and the public bathrooms upstairs. The Committee considered another option for renovations, but the major concern with that option related to the age of the fire station and possible issues with the HVAC system and the structure as a whole. The County has agreed to fund one-half of the total renovations which would be approximately $60,000 with the recommended option. The recommendation is to proceed with Option One and suggested renovations. Based on the time frame of the new County staff that will complete the academy and be available for work on July 26th, we need to start bids in April for the renovations to be completed on time. The Mayor asked for comments from the Council Members on the Public Safety Committee. Mr. Adams began by commenting that he left the meeting with some spirited conversations, but he has some major concerns. He agrees 100% that we need to have the fire service there and it needs to be able to respond in time. However, at the same time, losing that second ambulance really concerns him. When the medic truck goes out today on a call, if a second call comes in and is on the Mount Pleasant side of Town, it will roll to Mount Pleasant. If it is on the other side of Town, it will roll to Read Mountain. The issue is that a number of times when the second medic truck was on call and we needed a third truck and you go to Read Mountain, 60% of the time they are in Botetourt County and not available. At Mount Pleasant, they are controlled by the Captain at Clearbrook and we have heard that often times they are at Clearbrook. We have a system that works today for EMS and normally when those calls come in, they are life-threatening. When a fire comes in, it is property threatening in this Town, most of the time. This will save response time to the fire service, but it will hurt the service that answers most of the calls, life- threatening calls. Hiring one person will cost $60,000, but this option will also cost the Town $90,000 because of the anticipated loss of 30,000 in revenue for transport reimbursement. The Public Safety Committee met and discussed all of this and we are not ready to go forward. We feel the Town needs to write a letter to our representative on the Board of Supervisors and there needs to be more discussion. It is putting the residents of East Roanoke County and the Town of Vinton in danger. Mr. Hare commented that Mr. Adams had correctly stated the discussion of the Committee. This is 14 a public safety issue. When you eliminate an entire ambulance we are putting citizens at risk. This deserves a higher level of conversation because we are trying to fix one problem, but breaking something that is working. Mr. Hare further commented that he has no doubt that Roanoke County wants the best for this part of the County by trying to provide the level of service we currently have plus increasing that with 24-hour fire coverage, but everything has stalled at money. He thinks the conversation should be had in more than just a private work session that is not open to the public or for public debate. Vice Mayor Nance asked if the 32% that is being quoted to us could be inflated because we are covering the Read Mountain 58% and the response was that a part of it is. Mr. Nance then asked if the County is attempting to rectify that problem at the same time. The Town Manager responded that the County is working on Vinton first because it is a core station. Mount Pleasant has the same need and we do not know about Read Mountain. Mr. Adams commented that if a fire truck is dispatched and disregarded before it leaves the station that counts as a non-response. There are a number of different incidents that can count as non-responses, but he does not count that way. There are so many variables in the statistics. Vice Mayor Nance asked where does Read Mountain fall in the volume of calls and Mr. Adams responded that in Roanoke County they are probably in the lower two-thirds. The Town Manager commented that 60% of the time Read Mountain is responding to Botetourt. The Mayor commented that this is very serious in the fact that our citizens may realize a reduction in a very critical service. Mr. Altice commented that we need more information before we make a decision. The Town Manager commented that he has reached his threshold of working with Mr. Goodman, the Roanoke County Administrator and it has now become a political funding question. The Committee and staff all want the same thing and agree that Option Two is the right thing to do. The Mayor reiterated that the Town and Roanoke County staff has taken it as far as they can. He suggested that the next step be that Council asks for a meeting with our representative or the Board as a whole. He personally would rather see Council as a whole meet with the Board of Supervisors. Mr. Hare said that he thinks the Board of Supervisors would echo what Council is saying because public safety is a very high priority for Roanoke County as well. 15 The Mayor stated that he be willing on behalf of Council to contact our representative on the Board to see what the next step would be. Council supported the Mayor making this contact on their behalf. The Town Clerk commented that the record needs to reflect that at the February 18, 2014 meeting, Council appointed Christopher S. Lawrence and Gary W. Woodson as Board Members and Bradley E. Grose and William W. Nance as Alternates, for unspecified terms to the Western Virginia Regional Industrial Facility Authority. The beginning date of those terms has now been set as February 4, 2014, and she has administered new Oaths of Office to reflect this date. The Town Manager commented that the first meeting of the Board was last week and the Authority has received funding through the Department of Housing and Community Development to fund the study to go through the region covered by the Authority to find sites that meet the set criteria. The Mayor next asked if the Finance Committee would make their report next rather than during the usual Council section. Mr. Hare commented that the Committee met yesterday and reviewed several topics. The financials as of January 2014 for the War Memorial were reviewed and year-to-date the revenues are at $136,000 with five months left to go. The goal is $147,000, but there are some pass-through items. The most important item is from a year-to-date basis, the subsidy to the War Memorial is down almost $30,000. Based on the reservations for the rest of the year, revenue will probably come in $50,000 plus over the projected budget. Regarding the January financials, the revenues are over what was projected by $651,000 which is a timing issue on when we received the gain-sharing funds from the County. The cigarette tax continues to be behind at this point around $100,000. The sales tax and meals tax continue to be strong. Some changes made in our investment policies have given us come increased revenues. Now that we do have the gain-sharing funds from the County, the amount is $93,000 less than what we had budgeted. The pari-mutuel tax from Colonial Downs could easily be off $20,000 if they do not negotiate their contract issues. If we take the cigarette tax, the gain-sharing and the pari-mutuel tax, we are looking at $220,000 less this budget year. On the spending side, generally it is a timing issue. Part is 16 due to the higher wages in the Police Department because of overstaffing of employees and they are understaffed now. There were some true-ups in that the Western Virginia Water Authority did a retroactive price increase to the tune of $27,000 when they raised their rates. The Town Manager and staff are working to fill a gap of about $100,000 even after cutting back on the CIP and other items. We will not fund anymore CIP except for the renovations to the fire house which we discussed earlier. On the utility side, it is slightly under the projection and they are under spending, so the ability to recover should not be too difficult. Mr. Hare further commented that the Committee also reviewed some of the controls issues listed in the audit under the management section. Some changes have been made and responses will be reviewed with the auditors to see if we can get them cleared and off of our audit statement going forward. The Committee also spent a considerable amount of time discussing the cigarette tax and reviewing some information from wholesalers as to what has been happening with the actual sales to the stores in Vinton and the report is very similar to what the citizens and store owners had already told us. The Town is down around 38% and wholesalers are down about 23% across the board which takes into account about $42,000 that was pulled ahead in the previous fiscal year and the volume being down. The Committee felt there was enough information to make some conclusions that the tax rate had a negative impact on the Town and on our businesses. We discussed what we wanted to do with next year’s budget and we have already figured in a decrease. On behalf of the Committee we thought about our citizens’ comments to us and those who have come back and asked us to do something, although there was a valid reason for why we implemented the increase. However, we feel that we need to go back and lower the rate. Mr. Hare next made a motion that effective immediately we lower the tax rate by 10 cents from its existing $0.35 to try to give businesses some relief so that hopefully they can recover. Vice Mayor Nance commented that he is very much in favor of what Mr. Hare has explained to Council. It is the appropriate thing to do because it if is not helping the Town’s bottom line and hurting our stakeholders, then there is something wrong. Mr. Nance then asked if we could make such a motion tonight or do we need to direct staff to have that motion prepared by the next meeting. The Town Manager responded that action needed to be taken at the next meeting because it requires and ordinance. The Town Attorney commented that the same way we set the tax we have to decrease the tax. Barry Thompson asked if it 17 would have to be advertised and the Town Attorney responded she would have to check, but probably not to lower it. Mr. Hare then retracted his original motion and requested staff to prepare the necessary ordinance to lower the cigarette tax rate from $0.35 to $0.25. The Town Attorney commented that if we do have to advertise, we may not be able to do it at the next meeting, but as soon as possible. Mr. Hare made a motion to approve the January 2014 financial report as presented; the motion was seconded by Vice Mayor Nance and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None Approved the January 2014 Financial Report The Mayor expressed thanks to the Planning Commission for meeting with Council tonight to discuss the floodplain ordinance. He also commented that there has been a lot of good news in Town such as the library and the downtown grant and he thinks we have a bright future. However, none of those projects to date have brought in extra revenue, so we do face some challenges. He does think in years to come that we will see those increases in revenue that we will need to not only survive as a Town, but to move ahead. Comments from Council: Vice Mayor Nance expressed thanks to both Committees for their reports. Mr. Adams experience in the public safety field is a very welcomed voice on Council especially in regards to the 24-hour fire issue. The concern about the options presented does not reflect on the hard work that was put into those options. It is perhaps that this is one of those times that we need not only to invest ourselves, but also invest political capital into this situation as well. He does not want anyone to be discouraged because they did not necessarily proceed with the options presented this evening. He also appreciates Mr. Hare’s impact on the Finance Committee and all of Council’s willingness to readdress the concern of the cigarette tax. The Mayor commented that Council and all of staff have areas of expertise and we all respect each other enough to listen to each other. Mr. Hare commented that the January reports mentioned that the bridge work is behind schedule and do we know how far behind. Gary Woodson responded that based on the weekly reports they are making progress. They have put efforts in working seven days a week to meet the March 18th deadline. Because of the log perch, they cannot work back in the creek until after June 18th. Mr. Adams commented on the community meeting last week 18 with the consultant regarding the small park that we want to put downtown. This was a very constructive meeting with the three Lions Clubs downtown and the consultant was given several ideas that he will bring back to another meeting which is tentatively set for March 27th. We very much want to get the public input on this. Vice Mayor Nance made a motion to adjourn the meeting; the motion was seconded by Mr. Hare and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. The meeting was adjourned at 9:00 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date March 18, 2014 Department Police Issue Officers of the Month for February 2014 - Detective Sergeant James Testerman and Detective Brandon Hill Summary Sergeant Testerman and Detective Hill were selected as Officers of the month for February and will be recognized at the meeting Attachments Memo from Chief Cook Recommendations Read Memo Town Council Agenda Summary 1 Meeting Date March 18, 2014 Department Finance Issue Consideration of public comments regarding setting of the real estate, personal property and machinery and tools tax rates for calendar year 2014. Summary Section 58.1-3321 of the 1950 Code of Virginia, as amended, requires that certain notices be published and a public hearing be held when the annual real estate assessment results in an increase of 1% or more of the total real estate tax levy. The Town of Vinton’s real estate tax levy has decreased by approximately -0.25% for the calendar year 2014. A summary of the preliminary assessed values and corresponding tax levies are shown below: Assessed Values: Year 2014 $ 455,632,200 Year 2013 - 456,795,100 Total Decrease $ -1,162,900 Year 2014 $ 455,632,200 Less New Construction - 346,000 Net Assessed Value 455,286,200 Year 2013 - 456,795,100 Net Decrease $ -1,508,900 Tax Levy: Year 2014 $ 136,690 Year 2013 137,039 Decrease $ -349 Assessment Decrease: -.2546 or -.25% Town Council Agenda Summary 2 Even though the Town’s Assessment decreased by -.25% an advertisement was placed in the Vinton Messenger for a public hearing at the March 18, 2014 Council Meeting in order to set the tax rates. Following the public hearing held on setting of the tax rate on the total real estate tax levy. The current rate is $.03 per $100.00 of assessed value. No change is being recommended. The current personal property tax rate is $1.00 per $100.00 of the assessed evaluation of all personal property excepting there from household furnishings, and 50% or $.50 per $100.00 of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications. No change is being recommended for calendar year 2014. Attachments Ordinance setting the real estate tax rates Ordinance setting the personal property tax rates Recommendations Conduct Public Hearing Motion to adopt Ordinance setting real estate tax rate Motion to adopt Ordinance setting personal property tax rate ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MARCH 18, 2014, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE to provide for the annual levy on real estate in the Town of Vinton, Virginia. WHEREAS, it is desirable of the Town of Vinton to collect real estate taxes semi-annually by June 5th and December 5th; and WHEREAS, the annual levy is necessary to provide for the daily operation of various municipal departments of the Town of Vinton, and thus avoid creating an emergency. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that the tax levy for the calendar year 2014 on all real property and improvements shall be as follows: "All Real Estate shall be assessed at 100% of fair market value, local levy of THREE CENTS ($.03) per ONE HUNDRED DOLLARS ($100.00) of the assessed value for the calendar year 2013." BE IT FURTHER ORDAINED that a copy of this Ordinance be immediately forwarded by the Town Clerk to the Commissioner of Revenue for Roanoke County/Town of Vinton, and to the Finance Director/Town Treasurer of the Town of Vinton. This Ordinance adopted on motion made by Council Member _______________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ___________________________ Susan N. Johnson, Town Clerk ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MARCH 18, 2014, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE to provide for the annual levy on all personal property in the Town of Vinton, Virginia, and to provide for the annual levy on the classification of vehicles owned by disabled veterans, pursuant to § 58.1-3506 of the Code of Virginia (1950, as amended, and by the adoption of Ordinance No. 594 dated August 17, 1993 by the Vinton Town Council. WHEREAS, it is desirable of the Town of Vinton to collect personal property taxes by May 31, 2014; and WHEREAS, the annual levy is necessary to provide for the daily operation of various municipal departments of the Town of Vinton, and thus avoid creating an emergency. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that a tax levy for the calendar year 2014 shall be one dollar ($1.00) per one hundred dollars ($100.00) of the assessed valuation of all personal property excepting therefrom household furnishings; and BE IT FURTHER ORDAINED by the Council of the Town of Vinton that a tax levy for the calendar year 2014 shall be fifty percent (50%) or fifty cents ($.50) per one hundred dollars ($100.00) of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications; and BE IT FURTHER ORDAINED that a copy of this Ordinance be immediately forwarded by the Town Clerk to the Commissioner of Revenue for Roanoke County/Town of Vinton, and to the Finance Director/Town Treasurer of the Town of Vinton. This Ordinance adopted on motion made by Council Member ________________, seconded by Council Member ______________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ___________________________ Susan N. Johnson, Town Clerk 1 Meeting Date March 18, 2014 Department Finance Issue Consider adoption of a Resolution setting the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2014 tax year. Summary The Personal Property Tax Relief Act (PPTRA or the Act) of 1998 established a statewide program to provide relief to owners of personal use motor vehicles. The 1998 Act envisioned a five year phase-in of relief expressed as a percentage of the bill related to the first $20,000 of personal use vehicle value. Costs soared and percentage was frozen at 70% since 2001. In 2004 and 2005, additional legislation was passed to amend the original Act. This legislation capped PPTRA at $950 million for all Virginia localities for Tax Years 2006 and beyond. PPTRA funds are allocated to individual localities based on each government’s pro rata share of Tax Year 2004 payments from the Commonwealth. The Town’s share of the $950 million is $203,096. In order to put these changes into effect, the Town Council adopted an Ordinance that set the framework for the implementation and administration of the 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA) of 1998. This ordinance was adopted on December 6, 2005. The Town uses The PPTRA Allocation Model developed by the State to calculate the effective reimbursement rate. This model uses historical trends and a five year rolling average to calculate the effective reimbursement rate. This same methodology for calculating the rate is used by many of our neighboring localities. In 2014, once again Town and County staff computed the effective reimbursement rate based upon the PPTRA allocation model. The percentage is similar to those localities that are ready to adopt their resolutions. The rate for the County is 60.40% and the Town of Vinton is 63.41%. Town Council Agenda Summary 2 Attachments Resolution Recommendations Motion to adopt Resolution 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MARCH 18, 2014, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA A RESOLUTION setting the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2014 Tax Year. WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or “PPTRA”) of Chapter 951 of the 2005 Acts of Assembly, a qualifying vehicle with a taxable situs within the Town commencing January 1, 2014, shall receive personal property tax relief; and WHEREAS, this Resolution is adopted pursuant to Vinton Code § 86-58 enacted by the Council of the Town of Vinton on December 6, 2005. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 63.41% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 63.41% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of “qualifying” (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the Town of Vinton by the Commonwealth of Virginia. 6. That entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years shall expire on September 1, 2006, or when the state funding for tax relief is exhausted or depleted. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006 shall be deemed ‘non-qualifying’ for 2 purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. This resolution shall be effective from and after the date of its adoption. This resolution adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _______________________________________ Susan N. Johnson, Town Clerk 1 Meeting Date March 18, 2014 Department Administration Issue Consider adoption of an Ordinance decreasing an excise tax on the sale of cigarettes from $0.35 to $0.25 on each package containing 25 or fewer cigarettes. Summary Three years ago, Town Council adopted a $0.20 per pack cigarette tax which has added approximately $900,000 to the last three fiscal year budgets. As part of the current FY 2014 budget, an increase of $0.15 per pack was approved which was estimated to bring in $459,375 which was an additional $159,375 over previous year’s budget of $300,000. Based on our financial reports through the first eight months of FY14, the actual revenue received through this tax has been behind expectations. Approved Budget Revenue: $459,375 Revenue to Date: $209,382 Revenue Projection June 30: $329,082 Difference between budget and end of year forecast: $130,000 Proposed Reduction in Tax from $0.35 to $0.25 Revenue to Date: $209,382 Revenue Projection June 30: $294,894 Difference between budget and end of year forecast: $164,500 After analyzing the sales data from the wholesaler, to date sales are 173,000 packs of cigarettes below the forecasted amount. This data is supported by the presentation from local retailers. The reduction in sales also impacts the sales of other items at retailers increasing the negative impact on their overall business. The increase in the tax has not performed as expected resulting in a negative impact to the town’s budget. It has also had a negative impact on sales for retailers. As proposed, the tax would be reduced from $0.35 to $0.25 per pack. This will also require a reduction in the appropriated revenue forecast, which we estimate to be $164,500. Town Council Agenda Summary 2 It should be noted, to respond to this reduction in revenue, all remaining capital projects have been cut which amounted to approximately $90,000, including remaining unspent contingency. As part of the development and analysis of next year’s FY15 budget, the town is facing significant capital needs for equipment and building maintenance as well as stormwater utility funding of improvements. Attachments Capital Improvements Reduction Memo dated January 2, 2014 Ordinance Recommendations Motion to adopt Ordinance To: Town Council Finance Committee From: Christopher S. Lawrence Date: January 3, 2014 Subject: Capital Improvement Plan Priorities Over the past months, town staff and the Finance Committee have closely watched the actual revenues compared to our forecasted revenues. Specifically, the cigarette tax is approximately $90,000 less than our forecast. There are several reasons we suspect the revenue is underperforming. These include a large purchase of tax stamps prior to the new tax rate being implemented in July, a possible reduction in sales, a store closing in town and a new store opening in Roanoke County. However, there is no specific reason to pin point. As a result of underperforming revenue, we have reviewed the Capital Improvement Program and evaluated the remaining projects and priorities. The following project summary represents project status. 1. Walnut Avenue Ave $19,000 Under construction – Contract commitment 2. Technology – File Server/Laserfiche $12,000 Complete – Total project cost $ 3. Asphalt Roller $21,000 Purchased 4. Pedestrian Greenway trail Glade Creek $35,000 Under Design – Contract commitment 5. Replace Dump Truck (annual lease) $25,880 Not initiated 6. Street Improvements $15,000 Minimal spending initiated to date 7. Fire House Paint project $29,000 Specs complete – No contract committed 8. Flooring Fire House $5,800 Specs and quote – No contract committed 9. First Aid Crew Hallway Paint $2,000 Specs complete – No contract committed 10. Speed Trailer – Police $1,900 No grant – Project not initiated 11. Pool interior paint $7,650 No contract committed 12. Cityworks Asset Mgt Software $20,000 No contract committed Projects are listed in prioritized order as approved in the annual budget. Projects 1-4 are either complete or are committed to as part of a construction project. Projects 5-12 are in different stages of project planning, and other than project 6, have not been committed to date. Christopher S. Lawrence Town Manager Town of Vinton 311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0607 Fax (540) 983-0626 The following summary is a plan to work from based on the current budget performance. This may change due to funding or delaying projects based on budget performance. 5. Replace Dump Truck (annual lease) $25,880 Five year lease commitment Recommend delaying. Although higher priority, this is a five year commitment. Staff also feels that if required, the oldest dump truck can be managed for additional time, provided nothing major fails. 6. Street Improvements $15,000 These include various street improvements including striping, signage, Highway Safety Commission recommended projects. 7. Fire House Paint project $29,000 8. Flooring Fire House $5,800 9. First Aid Crew Hallway Paint $2,000 Total: $37,800 These projects are being evaluated as part of focused renovation improvements required to support 24- hour career staffed fire services. Renovations for sleeping quarters and kitchen facilities will be a higher priority over painting. Staff is developing proposals with Roanoke County to assist in funding renovation needs. 10. Speed Trailer – Police $1,900 Police intend to evaluate grants as available. This was a matching contribution to a possible grant. Delay is warranted and does not present any pressing issues. 11. Pool interior paint $7,650 The pool bottom has begun to deteriorate and replacement is needed. Repairs are possible in specific areas as patches. This has been delayed two years with only patches as repairs. 12. Cityworks Asset Mgt Software $20,000 Asset software would be very beneficial for general government functions and water and sewer services. However, current practices can be continued until funding is available. By delaying projects 5, 10, 11 and 12, we are actively managing the budget expenditures by $55,430. Additionally, the Contingency Reserve as of Dec. 31 was at $33,500. Therefore, not including any other specific cuts or delays, we have approximately $88,930, in expenditures to directly control and respond to the current $90,000 of underperforming cigarette tax. This does not include any other operation savings that may be more apparent as we enter the fourth quarter. ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MARCH 18, 2014 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Chapter 86, Taxation, Article IX, Tax on Cigarettes, Section 86- 341 of the Vinton Town Code and establishing an effective date. WHEREAS, pursuant to Virginia Code §§ 58.1-3830, 58.1-3832, and 58.1- 3840, the Town of Vinton is authorized to and has imposed a tax upon the sale and use of cigarettes in the amount of $0.35 on each package containing 25 or fewer cigarettes to provide revenue for the general fund of the Town; and WHEREAS, Council desires to decrease the cigarette tax to $0.25 for each package. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 86, Taxation, Article IX, Tax on Cigarettes, Section 86-341 of the Vinton Town Code, is amended as follows: ARTICLE IX. TAX ON CIGARETTES Sec. 86-341. Levied; amount; tax additional to other taxes. In addition to all other taxes of every kind now or hereafter imposed by law, there is hereby levied and imposed by the town an excise tax on the sale of cigarettes equivalent to twenty-five thirty-five cents ($0.35 25) on each package containing twenty-five (25) or fewer cigarettes. The tax shall be paid by the seller, if not previously paid, and collected in the manner and at the time provided for in this article, provided that the tax payable for each package of cigarettes sold within the town shall be paid but once. The tax hereby levied shall not apply to free distribution of sample cigarettes in packages containing five (5) or fewer cigarettes. This ordinance shall take effect on March 19, 2014 This Ordinance adopted on motion made by Council Member ______________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, Town Clerk Meeting Date March 18, 2014 Department Administration Issue Consider adoption of a Resolution to approving the final Revolving Loan Program Plan and Guidelines Manual and its supporting documents to administer the Revolving Loan Program as part of the CDBG Program. Summary At its February 19, 2013, meeting, Council approved the preliminary Revolving Loan Program Plan and Guidelines Manual and requested that the final details including the development of the supporting documents to administer such program be brought back to Council for final approval. The Loan Review Committee has worked with the Town Attorney to craft a Loan Agreement that memorializes the award of the Loan by Town Council subject to certain conditions. The Agreement requires the signature of the applicant and/or its representative and the individual providing the personal guarantee/collateral for the Loan. The Agreement also identifies the collateral that will be used to secure the Loan. Please note that this document is a general template that must be edited depending on the type of entity or individual applying for the Loan. Additional Loan closing documents such as the Note, Deed of Trust, Subordination, or UCC financing statements, etc., will also be required to consummate the Loan and assist in ensuring repayment of same. Please note that this Agreement does not take the place of those documents. Attached, Council will find the added language within the Revolving Loan Program and Guidelines Manual. The addition is on page 4, third paragraph under TERMS. Also, changes were made on page two (2) under section two (2) of the Agreement for Revolving Loan Funds. The Revolving Loan Committee recommends that Council approve the final Plan and Guidelines Manual along with this Agreement for use in administering the Program. Legal council will draft the required closing documents for each transaction as required. Attachments Revised Section of Revolving Loan Program Plan and Guidelines Manual Agreement for Revolving Loan Funds Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 4 | P a g e AMOUNT Minimum generally $10,000 Maximum generally $50,000 Maximum of $25,000 of loan amount per each job created or retained. USES • Land acquisition: Including engineering, legal, grading, testing, site mapping and related costs associated with acquisition, plan and site preparation. • Building acquisition: Acquisition, construction and rehabilitation of buildings • Purchase of machinery, office equipment and supplies, and/or other associated assets • Working Capital: Limited to 30 percent of total loan portfolio. TERMS • Machinery and equipment -- Up to five (5) years • Land and facilities -- Maximum of seven (7) years • Operating Capital -- Up to five (5) years Collateral may include first or second lien positions or a deed of trust on assets financed. Perfection of security instruments on collateral may consist of UCC filings, mechanics liens, assignment of rents, titles, and any other instruments to perfect a lien on certain equipment or fixtures. The Loan Review Committee and the Town of Vinton reserve the right to determine, on a case by case basis, if loans provided through the Revolving Loan Program will be subordinate to other loans. This will be reflected in the documents signed by the borrower(s). INTEREST RATE The interest rate will be established by the Loan Review Committee based on the Prime Rate as reflected in the Wall Street Journal. However, the interest rate for the loan programs will be fixed for the duration of the loan. At the discretion of the Loan Review Committee, the interest rate may vary to reflect the risk and the economic or community benefits of the specific project. In no event, however, shall the rate be less than 50 basis points below the prime interest rate. APPLICATION PROCESS Application forms and instructions may be obtained from the Vinton Economic Development Office at 311 S Pollard St., Room 109, Vinton Va. 24179. The applicant must present a valid business license from the Town of Vinton at the time of application. A revolving Loan Review committee comprised of loan financial and economic development professionals reviews the completed form and makes recommendations as to the final approval. LOAN SELECTION AND APPROVAL PROCESS 1 AGREEMENT BETWEEN THE TOWN OF VINTON, VIRGINIA AND _______________________________________ FOR REVOLVING LOAN FUNDS This Agreement for Revolving Loan Funds pursuant to the Town of Vinton Economic Development Revolving Loan Program Guidelines is made and entered into this day of _____, 20_, by and between _____________________ ("Borrower(s)"), party of the first part, and the Town of Vinton, Virginia ("Town"), party of the second part. WITNESSETH WHEREAS, the Town was awarded a Grant for the purpose of community development in certain areas of the Town of Vinton, Virginia; and WHEREAS, the Grant provides Revolving Loan Funds which are administered through a low-interest Loan Program approved by the Town Council for qualifying for-profit businesses undertaking certain types of projects designed to create or retain jobs within the Town; and WHEREAS, the Loan Funds may be used to purchase real property, remodel existing buildings, purchase fixtures, machinery, and equipment, or to provide working capital; and WHEREAS, Borrower(s) has/have applied for a portion of said Loan Funds and the Town's Loan Advisory Committee has advised that the Town approve said application, subject to the terms and conditions herein; NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Town, pursuant to and subject to the terms of the Loan Program, hereby agrees to extend to Borrower(s) a loan in the amount of $____________. Borrower(s) agree(s) to repay said loan over a period of ______ (__) months beginning on the first day of the next full month following closing, and continuing on the first day of each succeeding month thereafter until said loan is paid in full. If closing is held in the middle of a month, daily interest shall be charged for the remainder of such month at closing. The rate of interest of such loan shall be ____ per centum (_%) per annum, to be amortized monthly , and the principal balance of such loan, or any 2 portion thereof, plus accumulated interest, may be paid to the Town at any time prior to the due date, without penalty. 2. As a condition of said loan, Borrower(s) shall execute a note and deed of trust, financing statement, personal guarantee, subordination, or other security agreement (“closing documents”), as appropriate and necessary for the type of collateral, and as required by the Town, which evidences the payment obligation agreed to hereunder and which binds the collateral described herein as security for said note and obligation to pay. Said closing documents shall be in a form acceptable to counsel for the Town, and shall contain certain penalties and late fees for failure to pay, as specified in the terms of such documents. 3. The collateral offered by the Borrower(s) to secure the loan described above is as follows: ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________________________________ (Describe the real estate, personal property, accounts, stocks or other property against which the security interest of the Town will attach.) Borrower(s) guarantee(s) and affirm(s) that the above- described collateral is free and clear of all other notes, deeds of trusts, security interests, liens, mortgages and similar encumbrances or that such instruments will be subordinated to the Town’s interest in same, and that, at closing, the Town will be in a first priority position over said collateral. To the extent that the Town may agree to be in a second or subsequent priority with regard to any of the collateral referenced above, then such collateral and position of the Town in such collateral is as follows: Collateral Priority Position ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________________________________ Town shall have the right to conduct a title search or similar review of any liens or encumbrances against the collateral prior to closing, and Borrower(s) shall cooperate in such process and shall be responsible for all costs and expenses connected with such searches and reviews. If the results of such search or review are unsatisfactory to Town for any reason, Town shall have the right to 3 either cancel or terminate this Agreement, or to give Borrower(s) an opportunity to remedy the defect found in the collateral review process. 4. It is an express condition of the loan made hereunder that Business Owner strictly comply with all terms and conditions of the Loan Program and all applicable local, state and federal laws and regulations, which Loan Program documents are available for review at the Office of Economic Development, Vinton, Virginia, during normal business hours, and the terms of which are incorporated herein by reference as if fully set forth herein. Said terms and conditions shall include, but not necessarily be limited to, all of the terms and requirements contained in that certain document entitled "Town of Vinton, Virginia, Office of Economic Development Revolving Loan Program Guidelines (Plan and Administrative Program Manual)" a copy of which is attached hereto and made a part hereof, and all applicable local, state, and federal regulations and law. Borrower(s) understand(s) and agree(s) that the Town has a Loan Program Advisory Committee which will make recommendations to the Town concerning the Revolving Loan Fund, and Borrower(s) agree(s) to work with said Committee to this end. 5. The monies received from the loan may only be used for building and land acquisition, leasehold and site improvements, new construction and rehabilitation costs, purchase of fixtures, machinery, and equipment and associated installation costs and working capital. No other use of loan monies is permitted unless approved by the Town, upon the advice given to the Town from its Loan Program Advisory Committee, and failure to use loan monies for these purposes shall be a breach of this Agreement which shall cause the entire amount loaned hereunder, together with all accrued interest and fees, to be due in full at the time of such breach. 6. As a condition of making the loan, and as a continuing requirement of this Agreement, Borrower(s) shall strictly comply with all terms of the Program which apply to Borrower(s), which terms shall include, but not be limited to, timely repayment of the Note executed by Borrower(s), the creation and retention of every fulltime equivalent (FTE) job required for said loan, maintaining the integrity of the collateral described herein and not allowing such collateral to lose its value during the repayment period of the loan, keeping adequate insurance on the collateral as required herein, bankruptcy or insolvency of the Borrower(s), or any action by Borrower(s) causing Town to lose its priority position in the collateral. Furthermore, as a 4 condition of the loan, Borrower(s) agree(s) to make its business records, personnel records and books available to Town or its authorized agents for audit upon three (3) business days’ notice to Borrower(s), to assure that all terms and conditions of the loan and program plan are being met and that the loan monies are being spent to further the purpose of the Revolving Loan Fund. 7. The loan shall be subject to call, in full, if any of the terms and conditions of this Agreement, the Note, the Program Guidelines, or the Financing Statement, Deed of Trust, or other Security Agreement is breached by Borrower(s). 8. All costs and fees, including, but not limited to, application fees, credit report costs, origination fees, closing fees, recordation fees, settlement fees and similar fees, shall be paid by Borrower(s); provided however, that Borrower(s) shall have the option of taking such fees from the loan proceeds at the time of closing. 9. This Agreement is entered into and governed by the laws of the Commonwealth of Virginia. Any suit to enforce or interpret any term or condition herein or concerning any other matter connected with the Program shall be brought only in the Circuit Court of the County of Roanoke, Virginia. As an express condition of the loan extended hereby, the following full time-equivalent jobs shall be created or retained by Borrower(s): ________ Positions. 10. Any notices to the parties hereto shall be sent as follows: To the Town: Town Manager, 311 South Pollard Street, Vinton, VA 24719. To the Borrower(s): _____________________________________________________ 11. Borrower(s) shall be required to maintain insurance with a licensed Virginia insurance company which shall protect the assets pledged as collateral hereunder against loss due to fire or other hazard, as applicable. Town shall be named as a loss payee or additional insured under said policy up to the amount of the loan, and Borrower(s) shall provide proof of said insurance and shall not cancel said policy or policies without adequate insurance from another licensed company, as required hereunder. Copies of all such policies shall be provided to the Town. 12. Borrower(s) agree(s) to indemnify and save Town harmless from any and all loss damages incurred by Town as a result of any breach of this Agreement by Borrower(s), including, but not limited to, reimbursement to Town of any and all costs, fees, damages, claims, losses, and similar items, as well as all attorneys’ fees incurred by Town as a result of Borrower(s) breach. 5 13. The closing on the loan shall occur within _____days from the date of this Agreement, or within such reasonable time thereafter as the necessary papers are prepared and all contingencies are satisfied. The terms of this Agreement shall survive closing and shall be enforceable until the loan is fully repaid and all Loan Program requirements have been satisfied. 14. This Agreement shall be binding upon the parties hereto and is not assignable or assumable by any party without the express written consent of the Town. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. Business Name BY: _______________________________ Printed Name/Title: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ____________________, to-wit: The foregoing instrument was acknowledged before me this __________ day of ______________________, 20__, by _______________, ________________, on behalf of ____________________________. ______________________________ Notary Public My commission expires: ___________________ Registration Number: _____________________ Business Owner/Individual Providing Collateral/Personal Guarantee BY: _______________________________ Printed Name/Title: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ____________________, to-wit: The foregoing instrument was acknowledged before me this __________ day of ______________________, 20__, by _______________, ________________, on behalf of ____________________________. ______________________________ 6 Notary Public My commission expires: ___________________ Registration Number: _____________________ TOWN OF VINTON, VIRIGINIA BY: ____________________________________ Christopher S. Lawrence, Town Manager COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ____________________, to-wit: The foregoing instrument was acknowledged before me this __________ day of ______________________, 20__, by _______________, ________________, on behalf of the Town of Vinton, Virginia. ______________________________ Notary Public My commission expires: ___________________ Registration Number: _____________________ APPROVED AS TO FORM: Recommended by Loan Advisory Committee: ________________________ Signature: ________________ Date: ____________ Elizabeth K. Dillon, Town Attorney Print Name/Title: ___________________________ This Agreement for Revolving Loan Funds was approved on motion made by Council Member ________________ and seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, Town Clerk RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 18, 2014, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Virginia Department of Housing and Development, through the Community Development Block Grant Program requires a locality to have in place Plans for the administration of various programs through a Management Team; and WHEREAS, the Town of Vinton will institute and run a Revolving Loan Program for downtown businesses to participate in; and WHEREAS, the Town of Vinton has created a Revolving Loan Committee to qualify the loans and oversee the program; and WHEREAS, on February 12, 2013, the Downtown Management Team approved the preliminary Revolving Loan Program Plan and Guidelines Manual for the Project and on February 19, 2013, by Resolution No. 2007, Council approved also approved said preliminary Plan and Manual; and WHEREAS, based on the request of Council that the final details including the development of the supporting documents to administer such program be brought back to Council for final approval, the Revolving Loan Committee recommends that Council approve the final documents for use in administering the Program; and WHEREAS, the Revolving Loan Program must stay active for the term of the Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the final Revolving Loan Program Plan and Guidelines Manual and its supporting documents to administer the Revolving Loan Program as part of the CDBG Program. This Resolution adopted on motion made by Council Member ; seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, Town Clerk Meeting Date March 18, 2014 Department Planning and Zoning Issue Briefing on required amendments to Division 4, Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2, of Article V, Supplementary Regulations, of Appendix B, Zoning, of the Town Code. Summary During the 2013 legislative session, the General Assembly amended § 15.2-2292.1, Zoning provisions for temporary family health care structures, of the Code of Virginia. The amendments are to clarify definitions and to increase the number of days allowed to remove the structure once it is no longer needed from thirty (30) days to sixty (60) days. A Public Hearing on the proposed amendments will be advertised and held on April 15, 2014. Attachments Draft of Amended Ordinance Recommendations No action required Town Council Agenda Summary ORDINANCE NO. _____ AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 15, 2014, AT 7:00 P.M., IN THE COUNCIL 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 V. SUPPLEMENTARY REGULATIONS, DIVISION 4. ACCESSORY BUILDINGS AND TEMPORARY BUILDINGS. Section 5-17.2. Temporary family health care structures. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the ARTICLE V. SUPPLEMENTARY REGULATIONS, DIVISION 5. MISCELLANEOUS PROVISIONS. DIVISION 4. ACCESSORY BUILDINGS AND TEMPORARY BUILDINGS. Section 5-17.2. Temporary family health care structures, be amended as follows: * * * * * * * * * * AMENDMENT TO APPENDIX B OF THE TOWN OF VINTON ZONING ORDINANCE * * * * * * * * * * ARTICLE V. SUPPLEMENTARY REGULATIONS * * * * * * * * * * DIVISION 4. ACCESSORY BUILDINGS AND TEMPORARY BUILDINGS * * * * * * * * * * Sec. 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 permits shall be obtained before a temporary family health care structure may be placed on a lot or parcel of land. Required permits 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) "Activities of daily living" or "ADLs" means bathing, dressing, toileting, transferring, bowel control, bladder control, and eating/feeding. (2) "Assistance" means aid that is required to be provided by another person in order to safely complete the activity. (3) "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; (4) "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; (5) "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 or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2- 2200, as certified in writing by a physician licensed in the Commonwealth, (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 permits, for such connection. * * * * * * * * * * (d) Any temporary family health care structure installed pursuant to this section shall be removed within 30 60 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. * * * * * * * * * * (f) 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 APPROVED: Bradley E. Grose, Mayor Town of Vinton Attest: __________________________________ Susan Johnson, Town Clerk Meeting Date March 18, 2014 Department Administration Issue Request for funding presentations by: a. Vinton Volunteer First Aid Crew b. Vinton Volunteer Fire Department Summary A representative from the Volunteer First Aid Crew and the Volunteer Fire Department will be present to give a presentation to support their request for funding in the FY2015 budget. Attachments FY2015 Request for Funding Applications Recommendations No action required Town Council Agenda Summary