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HomeMy WebLinkAbout5/19/2009 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilman Carolyn Q. Fidler, Councilwoman William "Wes" Nance, Councilman William E. Obenchain, Jr,, Vice Mayor Vinton Town Council AGENDA B. INVOCATION — Barney Arthur D. CONSENT AGENDA Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 1. Approval of Minutes for Regular Meetings of April 7, April 21 and May 5, 2009 2, Ordinance No. 885 — Proposed Rate Increase for Water and Sewer ACTION: Schedule Public Hearing for June 2, 2009 1. Public Works Employees Place High in Equipment Rodeo F. PUBLIC HEARING 1. Ordinance No. 882 — Proposed Increase in Meals Tax from 5% to 6% a- Staff Report b. Public Comment C. Council Discussion ACTION SCHEDULED FOR JUNE 2, 2009 2. Ordinance No. 883 - Proposed Implementation of Cigarette Tax at $.30 per Pack a. Staff Report b. Public Comment C. Council Discussion ACTION SCHEDULED FOR JUNE 2, 2009 iiiii; IIIIIIIIIIII I �� 11 go � M a, Staff Report b. Public Comment C. Council Discussion ACTION SCHEDULED FOR JUNE 2,2009 11111111111iftmNOT1 1. Appropriation of Funding for Veterans Monument — Resolution No. 1824 NEXT TOWN COUNCIL MEETINGS: June 2, 2009 — Regular Meeting 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. WORK SESSION 1. Proposed Rate Increase for Water and Sewer MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, APRIL 7, 2009 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler William W. Nance William E. Obenchain, Jr. STAFF PRESENT: Chris Lawrence, Town Manager Elizabeth Dillon, Town Attorney Darleen Bailey, Town Clerk Consuella Caudill, Assistant Town Manager Beth Austin, Human Resources Manager Mary Beth Layman, Special Programs Director Michael Kennedy, Public Works Director Laura Relley, War Memorial Facilities Manager Barry Thompson, Finance Director/Treasurer Ben Cook, Police Lieutenant Joey Hiner, Asst. Public Works Director A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION — Rev. Lynn Alley -Grant, Thrasher Memorial United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D, CONSENT AGENDA 1 Approval of Minutes- March 17, 2009 Regular Meeting and March 24, 2009 Budget Work Session 2. Adopt Resolution No. 1815 to Reconfirm Support for Rail Alternatives to Complement Planned Improvements to 1-81 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Presentation by Mike Altizer, Roanoke County Board of Supervisors, in Recognition of the Town of Vinton's 125 Anniversary 2. Relay for Life — Laura Reiley F. PUBLIC HEARING 1. Effective Tax Rate Increase as a Result of Increased Assessed Value of Real Estate G. CITIZENS' COMMENTS AND PETITIONS H, TOWN ATTORNEY I. TOWN MANAGER 1 . Set Real Estate Tax Rate for Calendar Year 2009 — Ordinance No. 880 2. Set Personal Property Tax Levy for Calendar Year 2009 — Ordinance No. 881 3. Set Allocation Percentage for Personal Property Tax Relief (PPTRA) in the Town of Vinton for the 2009 Tax Year — Resolution No. 1816 4. Group Health Insurance Renewal — Resolution No. 1817 5. Request Approval for the FY 2009/2010 Operating Budget for the Roanoke Valley Resource Authority — Resolution No. 1818 & Reclassification of Part -Time War Memorial Position Resolution No. 1819 7. Vinton Farmers Market Guidelines J. MAYOR K COUNCIL L. ADJOURNMENT WORK SESSION 1 . Skate Park Committee Update - Ramps 2. Discussion - Proposed FY 2009/2010 Budget Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Reverend Lynn Alley- Grant, of Thrasher Memorial and Pledge of United Methodist Church gave the invocation and Mayor Grose led Allegiance to U.S, the Pledge of Allegiance to the U.S. Flag. Flag. The Consent Agenda was approved on a motion by Councilman Wes Approved Consent Nance and was seconded by Councilwoman Fidler and approved Agenda with all in favor. The Mayor welcomed Clay Goodman, Roanoke County Administrator and Mike Altizer, member of the Roanoke County Board of Supervisors. Mr. Altizer read and presented Council with a resolution that was adopted by the Roanoke County Board of Supervisors recognizing the Town on its 12 5th anniversary that was celebrated on March 17, 2009. Laura Reilly gave a brief presentation on the Town's Relay for Life campaign. She noted that the event would take place on April 17 th and 181 and invited everyone present to attend. The Mayor opened the public hearing at 7:14 p.m. to take comments and questions regarding an "Effective Tax Rate Increase as a Result of Increased Assessed Value of Real Estate". Barry Thompson reported that the Code of Virginia requires that notices be published and a public hearing held when the annual real estate assessment results in an increase of 1% or more of the total real estate tax levy. He further reported that the Town of Vinton's real estate tax levy has Accepted Resolution from Roanoke County recognizing the Town on its 125th anniver- sary Held public hearing on effective tax rate in- crease due to in- creased assessments increased by approximately 3.37% or $4,526.00 for the calendar year 2009. Following Mr. Thompson's review of the assessed values and corresponding tax levies, Mayor Grose stressed that this was not a tax rate increase but was simply additional monies that would be collected by the Town due to increased assessments. There were no comments and Mayor Grose closed the public hearing at 7:16 p.m. Mr. Lawrence requested that Vinton Town Council adopt proposed Adopted Ordinance Ordinance No. 880, setting the Real Estate Tax rate at $.03 per $100 No. 880 setting real of the assessed value for the calendar year 2009, Mr. Altice moved estate tax rate to adopt proposed Ordinance No. 880. The motion was seconded by Councilman Nance and passed unanimously on a roll call vote. Mr. Lawrence reported on proposed Ordinance No. 881 setting the Personal Property Tax rate at $1 .00 per $100 of assessed value for all personal property for the year 2009 except for household furnishings and a tax of $.50 per $100 of assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications. He added that there were no changes for the calendar year 2009. Mr. Nance moved to adopt proposed Ordinance No. 881 setting the Personal Property Tax rate for 2009. The motion was seconded by Mr. Obenchain and passed unanimously on a roll call vote. Mr. Lawrence reported on a request to set the allocation percentage for personal property tax relief in the Town for the 2009 tax year. He noted that Council passed an ordinance in December, 2005, implementing amendments adopted in 2004 for the Personal Property Tax Relief Act of 1998. He further noted that as a part of that ordinance, the Town is required to enact a resolution that would set that percentage of allocation. The Town Manager advised that based on the pro rats share of $950,000,000 set by the State, Vinton would receive $203,095,72 for the tax year 2009. He went on to say that using the state model for allocation of funds, the Town's computed tax relief is 59.14% for 2009 Mr, Lawrence asked that Council adopt proposed Resolution No. 1816 setting the allocation percentage for Personal Property Tax relief and also indicating that the Town chose, by ordinance, the specific tax relief method of computing the tax relief. He noted that the Town would allocate the relief at a single percentage across the board to the first $20,000 of personal property vehicle value and would continue to exempt vehicles valued at $1,000 and below, from Adopted Ordinance No. 881 setting Personal Property Tax rate Adopted Resolution No. 1816 setting the allocation percentage for Personal Property tax relief taxation. He advised that the Town is authorized to "balance bill" at 100%, any taxes from 2005 and prior that are still delinquent. Ms. Fidler moved to adopt proposed Resolution No. 1816 setting the allocation percentage for Personal Property Tax relief. The motion was seconded by Mr. Altice and passed on a unanimous roll call vote. Beth Austin, Human Resources Manager, requested that Vinton Town Council authorize the Town Manager to sign a contract with Local Choice Health Benefits Program to provide health insurance for the Town's employees. She noted that Local Choice had advised her that there would be no increase in the Town employees' health insurance premium for this year. She pointed out that last year, the increase was 0% and the year before, it was less than 1 %. Mr. Obenchain moved to adopt proposed Resolution No. 1817 renewing group health insurance for Town employees through the Local Choice Health Benefits Program for the next fiscal year. The motion was seconded by Mr. Nance and passed unanimously on a roll call vote. Dan Miles from the Roanoke Valley Resource Authority (RVRA) presented a request for Town Council to approve RVRA's budget for FY 2009/2010. He reported that the total proposed budget was $10.4 million and 'includes $2.7 million in debt service. He further reported that the agency remains on schedule to retire the outstanding debt in fiscal year 2011/2012. Also, Mr. Miles advised that approximately $2,000,000 of the surplus revenue fund would be used to balance the budget. He noted that the proposed budget was approximately $35,000 higher than the current budget. He also noted that there were two primary items that drove the budget increase, one of which is a required $100,000 contribution to the closure fund and secondly, the RVRA would be assuming the operations of the Household Hazardous Waste Program (HHW) in the upcoming fiscal year. It was explained that this program has been funded by the three participating members in the past and costs about $100,000. The RVRA would be assuming 100% of that cost. He went on to say that there would be an additional $200,000 in their budget to cover the cost of the HHW program. Mr. Miles reported that in the upcoming fiscal year, the RVRA would increase the frequency of HHW events from three per year to monthly events that would take place on the third Saturday of each month beginning in July. Mr. Miles pointed out that there would be no increase in general Adopted Resolution No, 1817 renew employees' health insurance for the next fiscal year. Approved Resolutior No. 1818 approvinig RVRA's FY 2009/20111 budget 4 tipping fees in the proposed budget. These fees have not been increased for seven consecutive years. Following a brief discussion on the HHW program and how it would work, Mr. Nance moved to adopt proposed Resolution No. 1818 approving the 2009/2010 RVRA budget. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. The Mayor complimented Mr. Miles for what the RVRA does to protect the environment and for his excellent management of the facility. Mr. Lawrence reported on a request to reclassify a part-time War Memorial position. He advised that the Facilities Manager, Laura Reilly, has two part-time positions that have the same job descriptions. He went on to say that one position had changed into more of an event management, operational tasks, running the office and customer service type of position. He advised that even though the Town has done a very good job marketing the facility, the revenues have not met the expected projection of $200,000 for the first year. The Town Manager noted that the business is there even though the revenues are not. One of the strategies to get the revenues up is to get the Facilities Director out of the office to market the War Memorial on a personal level to attract week -day business meetings, training events, etc., that would help increase the facility's revenues. He stated that current staffing does not allow for that if the high level of service is to be maintained. He advised that the new position would be at a Grade 12 and would impact the current budget by $11,000, He went on to say that there is money in the budget to cover this expense and added that the budget implications for next year would be wrapped in the overall budget. Mr. Nance stated that he appreciated the fact that Ms. Reilly had found places to save this year but questioned whether it was fair to ask other departments to reduce their budgets while the War Memorial budget would not decrease. Mr. Lawrence replied that if the War Memorial is going to be successful, he felt the part-time position needed to be full time. It was reported by Ms. Reilly that the full time position would cost the Town approximately $45,000 including benefits, Ms. Austin added that the need for the new position was also about Ms. Reilly's work/life balance as she often has to work 10 to 12 hours Adopted Resolution No. 1819 reclassifying War Memorial part- time position 5 a day. Ms. Reilly spoke up to say that the War Memorial operates seven days a week and often, from 7-00 a,m, to 12:00 midnight. Ms. Fidler asked if there had been any increase in the number of weekday events and Ms. Reilly replied that week -day commercial events are beginning to increase. She noted that a television commercial on the War Memorial just began running and has resulted in a steady increase in phone calls and in weekday events. She also noted that she was doing everything she could to get repeat business, Mr. Lawrence pointed out that the War Memorial was not like any of the other Town services, that it needed to be run like a business. Mr. Nance questioned whether there would be enough business in the upcoming year to recoup the cost of the new full time position but felt it was a reasonable step to take. Ms. Fidler moved to adopt proposed Resolution No. 1819 approving the reclassification of the part-time War Memorial position to full-time. The motion was seconded by Mr. Nance and passed unanimously on a roll call vote. Mary Beth Layman reported on a request to amend the Vinton Farmers Market Guidelines. She advised that the new guidelines reflected new fees and did not include any free spaces. She also advised that the new guidelines also allows for the sale of several new items. It was noted that there would be two new events added in addition to the three events that were introduced in the Town's calendar in January. She reported that she had looked closely at Roanoke's Farmers Market guidelines as well as guidelines for facilities in Blacksburg, Salem, Williamsburg and Richmond before making the proposed changes, Ms. Layman pointed out a change made in the Virginia Code last year in regard to baked goods and low acid foods that allows them to be sold as long as they are labeled that they were prepared without State inspection. She recommended that the fees be increased from $4.00 daily, $8.50 weekly and $30.00 monthly to $5.00 daily, $10-00 weekly, $45,00 monthly, $40.00 for three consecutive months and $30.00 for six consecutive months. The fees would be paid at the Finance office and she would handle reservations. Ms. Layman went on to say that vendors would be limited to six spaces at a time under the new guidelines. She then reviewed new items that would be allowed and new events that would take place. Mr. Lawrence added that another goal for the market is to make sure that it is kept clean and well maintained. Approved new guide- lines for Farmers Mar- ket I Mr. Obenchain moved to adopt the new guidelines that were proposed by Ms. Layman. The motion was seconded by Mr. Nance and approved unanimously on a roll call vote. Mayor Grose thanked Anita McMillan, her son, Jameel; Karla Turman and her daughter; and everyone else who took part on Clean Valley Day. Nancy Horn, Roanoke County Commissioner of the Revenue, advised that she would not be sending a representative from her office to Vinton for the upcoming tax season, She apologized to the Town for this decision but stated there was nothing she could do to change it, Mr. Thompson advised there would be a notice in this years tax bills that the Commissioner's Office would not have a representative in Vinton this year and that the County's Treasurer's Office would also not be sending any one to Vinton this year. Mayor Grose commended everyone for their efforts to make Student Government Day a success. Mr. Cibenchain expressed his appreciation for staffs efforts during this difficult time. Mr. Nance apologized for not being able to take part in the Student Government Day activities, Ms. Fidler asked everyone to take part in the Relay for Life walk. Aaron Lyles who served as a council counterpart during Student Government Day, expressed his appreciation to everyone involved in putting on the event. The regular meeting adjourned at 8:25 p.m. 1. Skate Park Committee Update — Ramps Mr. Nance reported that the Skate Park Committee had recently had a meeting and discussed alternatives for the use of the Town's skate board park ramps and asked for Councils authorization for staff to look into these alternatives: a. Donate the ramps to Roanoke City. b. Lease/sale/donate ramps to a third party, possibly to a church or private individuals The Mayor liked the recommendations and commented that it did not matter to him whether the ramps remained in the Town or not. He stated that his 7 preference would be to donate the ramps rather than to lease them to someone. Mr. Obenchain and Ms. Fidler agreed that the ramps should be donated. The Town Manager advised that staff had asked the Town Attorney to review the recommendations and she had advised that the Town was free to donate or sell the ramps as long as they are not donated to a church as this is not allowed by state law. It was the consensus of Council that the Town sell or donate the ramps. Mr. Lawrence reported that he got a call from VML expressing interest in holding one of their town section meetings at the Vinton War Memorial on May 22nd . He further reported that they would be talking with Mrs. Reilly the next day to make arrangements for the event. Mr. Lawrence updated Council on the proposed budget and outlined some of the items that had been removed or delayed in order to reduce the projected short- fall of $600,000 to $500,000. Additional revenues were discussed, one of them being the creation of a cigarette tax of .30 that is projected to bring in approximately $115,000 in revenue. He noted the tax rate for surrounding cities and towns. He reviewed some of the steps that have to be taken before the tax is put in place. Mr. Lawrence stated that he did not feel the tax would have a detrimental affect on any of the businesses in the Town that sell tobacco products. He noted that this tax would bring needed money into the Town without directly impacting the citizens. He also noted that this tax will reduce over time because there will be fewer smokers. In response to a question from Ms. Fidler, Mr. Thompson reviewed some of the start-up costs to implement the cigarette tax. The amount of the tax was also discussed. The implementation of refuse collection fees was discussed. Mr. Lawrence noted that this fee was not looked on favorably by Council at their last budget work session on March 24 th . He added that it costs the Town approximately $13.00 per month per customer to provide this service. Mr. Altice advised that in the past when a refuse pick-up fee was charged, the Town had problems with trash being thrown in places where it should not have been as some citizens refused to pay the fee. Mr. Lawrence responded that if the Town does charge a fee, the customer would not have a choice as to whether or not they would pay the fee, if you live in the Town, you would have to pay it. Mr. Altice stated that he had a big problem with charging this fee. 8 Mr. Lawrence stated that the proposed $7.50 fee was not a magic number and that the fee should be reasonable and in an amount that citizens would be willing to pay. He advised that in the short term, the fee would provide revenue to bridge the gap and in the long term, it would provide a steady revenue source that would help fund capital needs. The Town Manager pointed out that without a refuse fee, there would be a $400,000 budget gap. In discussing the capital budget, Mr. Lawrence noted that the Town usually funds about $250,000 for capital equipment each year, but will have to cut it back to at least $134,000 this year. He advised Council that if new revenue sources are not developed, the Town's Capital Improvement Program is going to fall behind again. The possible closing of the swimming pool was discussed. Mr. Lawrence noted that the pool is 61 years old and costs $90,000 to operate each year. He went on to say that the pool needs major work in the next couple of years if it is to continue to operate. Mr. Altice asked if the drain had been repaired and Mr. Lawrence responded that staff had gotten an estimate on it but the work had not been done at this point. He reported that Roanoke City is considering the leasing of one of their pools to a private company to run for them but that option would probably not be open to the Town because of the small size of the Vinton pool. The Town Manager explained that if the pool remains open for the summer of 2009 but closes for the summer of 2010, the Town would save $45,000 minus the revenue that would be lost next summer which would leave a net savings of $20,000. He went on to say that if the pool closes for the summer of 2009, there would be a savings of $50,000 in FY 2008/2009 and a savings of $90,000 in FY 200912010. In order to be able to open the pool next year, Mr. Lawrence advised that the pool's filter systems would probably need to be updated at a cost of $70,000 to meet the Health Department's standards. He pointed out that if there are no other revenue sources generated, the Town will not be able to afford to operate the pool next year. Mr. Lawrence discussed the paving program and the strong need to ensure that roads are maintained as they should be. He advised that the paving budget could be cut back but the Town would pay for it in four or five years when costs have gone up. The Town Manager reported that capital funding in the upcoming budget had been pared down to $132,000 from $250,000. He pointed out current and future capital project needs and advised that there were projects that could be deferred for another year although it would mean the "piling up" of hundreds of thousands of dollars worth of replacement costs. I In further comments on the swimming pool, Mr. Lawrence advised that if it was operated only five days a week, there would be a savings of just under a $1,000 and would reduce expenditures by approximately $5,000. Mr. Obenchain inquired as to the amount of personal property tax that would have to be increased to raise revenues by $300,000. Mr. Thompson responded that the tax would have to be doubled. Following further discussion on whether or not to close the pool, both Mr. Nance and Mayor Grose recommended that the pool remain open this year, five days a week and then close it next year. Mayor Grose stated that he would also be agreeable to leasing the pool. The Mayor advised that he was uncomfortable with recommending the implementation of a refuse fee and questioned whether it would jeopardize the $110,000 that is paid to the Town by Roanoke County for refuse collection. Mr. Lawrence replied that according to the Town Attorney, instituting a fee should not jeopardize the $110,000 paid to the Town by the County. He went on to say that he had spoken to Mr. Goodman, Roanoke County Administrator, who had advised that he would have his attorney look into the issue also. Mr. Lawrence added that if the County ever does decide to charge a refuse fee, the Town would lose the $110,000, Mayor Grose asked if any of the other localities in the Roanoke Valley charged a refuse fee and Mr. Lawrence replied that he was not aware of any with the exception of Roanoke City with a charge of $100 per month for trash collection in their downtown area. He passed out a survey to Council that was done by the Public Works Department that listed local governments in this region and included information on whether they charge a refuse collection fee. Mr. Obenchain asked if there had been any discussion on turning the Town's Public Safety Departments (Fire and Rescue) over to Roanoke County and Mr. Lawrence replied that there had not been. He went on to say that staff has talked with the County about turning over the Town's Communication Center to Roanoke County and had informed the Town's dispatchers of that conversation. He advised that staff would be evaluating the issue and would create a plan by July 1". At that time, it would be given to Town Council and the Board of Supervisors to determine if the two governments would go forward with the plan. The Town Manager advised that if both the Town and the County agree, the plan could possibly be done by the first of the year. He listed costs the Town would incur if the plan is carried out. Mr. Obenchain questioned why they were not considering the possibility of having Roanoke County take over Fire and Rescue as this would not affect service to citizens whereas some of the other recommendations that were made would affect services or would have a cost. a Mr. Lawrence pointed out that the General Fund balance was currently at $2.3 million and was there for unforeseen emergencies. He also pointed out that he was not recommending that Council use surplus funds to help cover the shortfall, but it was an option for Council to consider. Mr. Obenchain replied that he would consider using a reasonable amount to help the Town through the current slump if some changes are made such as closing the swimming pool. Mr. Lawrence stated that this is the window for the Town to explain to the public what the finances are and why certain services need to be cut and revenues have to be increased. Mr. Thompson asked if Council would consider increasing the meals tax. Mr. Obenchain replied that he was not sure if he agreed with increasing it a full 1 %. Mr, Nance stated that this increase was more appealing to him than a refuse fee would be. He went on to say that if it becomes necessary to implement a refuse fee next year, he felt the public should be prepared for it beginning this year. Mayor Grose stated that he felt a full 1% meals tax was a good idea. As far as using the fund balance to fund the budget, he would rather use it for capital investment but noted it was an emergency fund and the Town is now experiencing an emergency. The Mayor also recommended considering taking money from the paving account. The Finance Director/ Treasurer advised that he would rather the department heads reduce their budgets further and use the surplus funds only as a last resort. He reported that an increase of 1% in the Town's meals tax would bring in approximately $150,000. The Town Manager reported that the Utility Fund is projected to have a gap of $400,000 and noted that there had been a reduction in water consumption. It was also reported that the system development fees were down due to the building slump. Following further discussion on the Utility Fund revenue/expense gap, Mr. Lawrence advised that money can be saved in the Utility Fund by cutting some of the projects that were planned. Mr- Lawrence reviewed the ways that staff has already reduced the budget and possible ways to raise revenues. The Mayor pointed out that he did not see a way to go forward without using some of the surplus funds. Mr. Lawrence questioned whether Council would rather reduce the paving budget or take money from the surplus fund and Mr. Nance replied that it would be hard to quantify when they do not know which projects would be cut. Mr. Thompson recommended that staff prioritize the projects so Council can be updated on what the cuts would ' be. Mr. Lawrence recommended having a budget work session after the next Council meeting. An all -day budget work session with department heads was scheduled for April 271h The proposed cigarette tax was discussed further. Mr. Thompson advised that the cigarette tax would probably not be effective until October. He pointed out that all vendors affected by the proposed tax would be notified as soon as possible. Ms. Fidler asked about the start-up costs for collecting this tax and was advised that staff had not had time to check to see what would be required. Mr. Altice asked if $.30 per pack would be enough and Mr. Lawrence replied that it was in the range of what other similar localities are charging. Mr. Lawrence reported that it was his understanding that Roanoke County was going to retain Roland E. Cook as a school at least one more year and will keep the Craig Center open with a high level of expectation that the County and the neighborhood would come up with activities in which people would be willing to participate. The meeting adjourned at 11:15 p.m. FWATJOW-WrOm Bradley E. Grose, Mayor a MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, APRIL 21, 2009 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA, MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler William W. Nance William E. Obenchain, Jr. STAFF PRESENT: Chris Lawrence, Town Manager Elizabeth Dillon, Town Attorney Darleen Bailey, Town Clerk Consuella Caudill, Assistant Town Manager Michael Kennedy, Public Works Director Laura Reilly, War Memorial Facilities Manager Barry Thompson, Finance Director/Treasurer Herb Cooley, Police Chief Ben Cook, Police Lieutenant Joey Hiner, Asst. Public Works Director A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. AWARDS, RECOGNITIONS, PRESENTATIONS E. CITIZENS' COMMENTS AND PETITIONS F. TOWN ATTORNEY G, TOWN MANAGER 11. Award As -Needed Architectural and Engineering Services Contracts to Spectrum Design and Wiley Wilson — Resolution No, 1820 2, Approve FY 2009-2010 Operating Budget for Roanoke Regional Cable Television Committee — Resolution No. 1821 3. Right of Encroachment Request — 984 Lauderdale Avenue 4. Report on Housing Symposium — Karla Turman, Associate Planner 5. Identity Theft Prevention Policy H_ MAYOR 1. VML Policy Committee Nominations for 2009 2. Town Section Meetings, Vinton War Memorial 3. Announce Arbor Day — May 22 at 10:30 a.m. at the Vinton Historical Society I. COUNCIL J. ADJOURNMENT WORK SESSION 1 . Utility Fund Budget Briefing Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Mr. Billy Booth gave the invocation and Mayor and Pledge of Alle- Grose led the Pledge of Allegiance to the U.S. Flag. giance to U.S. Flag. Laura Reilly reported on the success of Relay for Life, the walk for cancer. She advised that the Vinton area Relay for Life Committee set a goal of $40,000 for this year and has collected $61,714.46 at this point. She further advised that the Town's team, the "Strong Striders" was the third highest fund raising team of the 33 participating teams and raised $3,619, She thanked everyone who walked and especially the Public Works Department who set up the team's tent and got everything ready for the event. Mayor Grose thanked Mrs. Reilly for her hard work and support in organizing the Town's Relay for Life team. Doug Fonder, who lives at 1005 Allison Lane, requested that Council consider closing the Town's swimming pool this year and to donate $30,000 of the money saved to help keep Fallon Park Swimming Pool open. He noted that after his organization, Roanoke Valley Swimming, learned that Roanoke City planned to close both of the City's public pools, they approached the City with a plan where Roanoke Valley Swimming, a non-profit 501C3 organization, would lease Fallon Park Swimming Pool and run it for the summer. Mr. Fonder advised that the City had agreed to cover the cost of getting the pool ready for the season at an approximate cost of $33,000. Mr. Fonder reported that his organization would take over on May 22, staff the pool, provide the chemicals and operate the pool for this season. He pointed out that if this plan works, it could possibly be a permanent solution for the City and the Town. In response to a question from Ms. Fidler about the Town's commitment, Mr. Fonder replied that if the Town would contribute $30,000, which is less than half the amount that was lost last year at Vinton's pool, it would help to make his plan a winning proposition. Mayor Grose asked that Mr. Fonder provide additional facts and figures before the Town further considers his request. Mr. Fonder advised that Roanoke City needed a commitment by May Ist, Mr. Lawrence recommended that Council discuss the issue at the work session on Monday, April 27th after staff has a chance to look at the numbers. Request by Doug Fonder for funding to help Roanoke Valley Swimming run Fallon Park Swimming Pool for the summer Gerald Adams spoke in opposition to allowing alcohol at the Farmers Market at a Dogwood Festival event, Mr. Barney Arthur of 204 Minnibell Lane, invited Council to a National Day of Prayer celebration that would be taking place at lunch time at the Roanoke City Market and at Hollins Road Baptist Church, Mr. Barney, who is a retired alcohol agent with the ABC Board, also spoke against the Dogwood Festival's planned Beer Garden event. Bill Booth spoke in opposition of allowing alcohol to be served at the Dogwood Festival event. Shatel Patel, owner of Eagle Discount Tobacco Store, spoke in Comments opposition to the Town's proposed cigarette tax. She felt that the tax proposed would hurt many consumers if it is implemented, especially since the tax. Federal Government had recently increased their tax by $7.00 per carton. She asked that Council consider either reducing the amount of the proposed tax or obtain the needed funds from another source. Ms. Patel felt that the tax would reduce the amount of sales tax received by the Town as consumers would go outside the Town to purchase their cigarettes. She was concerned that the tax would shut down her business. Mr. Obenchain questioned Ms. Patel's figures that the $.30 per pack tax would bring in $90,000 per month in tax revenue as staff had estimated the tax would bring in only slightly more than $100,000 per year. She replied that she had gotten her figures from her sales representative and the number was an estimate. Ms. Patel went on to say she had been advised two years ago that Wilco on Virginia Avenue was selling 11,000 cartons a week. Ms. Patel advised that she would try to get some updated information on the number of cigarette packs sold in the Town. Mr. Lawrence commented that it would be helpful if the Town could get further information on the number of cigarette packs sold in the Town before setting the tax amount. He added that he had been unsuccessful in getting this information from the State. Mr. Nance stated that the Town does not wish to negatively impact businesses but revenue needs to be increased in order to continue providing services to Vinton's citizens. In response to Ms, Patel's comments on the use of alcohol at a Dogwood Festival event, Mr. Nance stated that he felt the event would not impact the Town in a negative way. He went on to say that If it does, he would have a problem with allowing the use of alcohol next year. Ms. Caudill reported on a request to award the Architectural and Adopt Resolutuion No. Engineering Services Contracts to Spectrum Design and Wiley 1820 awarding archi- Wilson. She pointed out that their services would be used on an as- tecturai and engineer - needed basis. Mrs. Caudill that the bid went out in December, 2008. ing services contract The Assistant Town Manager advised that the Town had not had a general services contract for several years for anything other than transportation and water and sewer services. She advised that one Lip coming project was the indoor air quality assessment as well as an assessment of the Town's facilities that had been approved in the current budget. Proposed Resolution No. 1820 would authorize the Town Manager to enter into a contract with Spectrum Design and Wiley and Wilson to provide architectural and engineering services for the Town. Ms Caudill informed Council that the rate structures and proposals were in her office if they want to look at them. Mr. Obenchain pointed out that the first word in the last line of the last paragraph of the proposed resolution, needed to be changed to "project" and the word "vendor' should be removed. Ms. Caudill agreed the word should be changed. Mr. Obenchain moved to adopt proposed Resolution No. 1820, as amended, authorizing the Town Manager to award the architectural and engineering contract to Spectrum Engineering and Wiley and Wilson. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote. Mr. Lawrence reported on a request to adopt the FY 2009-2010 Adopt CATV 2009/ budget for Roanoke Valley Television in the amount of $359,411 2010 Budget (minus $41,021 that will be funded from the RVTV Rollover Account). It was reported that the proposed budget amount is an increase of 5,644.00 from last year. Following further discussion, Mr. Nance moved to adopt proposed Resolution No. 1821 approving the Roanoke Valley Television's budget for FY 2009-2010. The motion was seconded by Ms. Fidler and unanimously approved on a roll call vote. Mr. Lawrence reported that the property owner at 984 Lauderdale Authorize letter of Avenue, Mr. Jason Boothe, began construction during the week of agreement allowing an April 6, 2009 to replace an existing fence that had been installed encroachment of Town approximately 15 years ago. The new fence would be constructed in right-of-way for proper - exactly the same location as the old one and would be the same ty owned by Jason height as the old fence. The Town Manager advised that Karla Boothe. 4 Turman investigated the fence after she had received a complaint and found that there were two issues that needed to be addressed. One was a right-of-way encroachment issue and the second was a height issue, as the fence is not in conformance with the Zoning Ordinance, Mr, Lawrence went on to say the property owner was advised that he would need to appear before Town Council to get approval for the right-of-way encroachment as fences are not allowed in the Town right-of-way. Regarding the height requirement issue, Mr. Lawrence advised that the Zoning Ordinance requires that fences on corner lots (Mr. Boothe's property is on the corner of Lauderdale and Clearview), have a setback requirement of 15 feet and can be no taller than four feet. He went on to say that beyond the 15 ft. setback, the height of the fence can be increased. He noted that the reason for the height requirement is for public safety, (i.e. site requirements) and aesthetics. Mr. Lawrence stated that the Planning Department had worked on five fence issues since he became Town Manager six months ago. He added that fence problems are usually found after a fence has been installed as the Town does not have a fence permit requirement. Mr. Lawrence pointed out that If a permit is not required, there is no way to communicate to the citizen what the code requirements are until after the fence has been installed. The Town Manager advised that Council would need to determine whether the fence can remain in its present location. He stated that in the past, If it was determined that a fence was in a right-of-way, the issue had been handled administratively. If there were no public safety or Public Works issues, the fence Would be allowed to remain in place with the written condition that the Town would not be responsible for replacing it if someone runs into it or if the Town has to move it. Mr. Lawrence felt that leaving the fence in place would not set a precedent as each case would be evaluated on its own merits. The Town Manager reported that on Mr. Boothe's street, all the site issues from a technical VDOT standpoint are met. He went on to say that Council will need to determine if it is acceptable for the fence to remain in place in the public right-of-way. He also recommended that Council ask the Planning Commission and the Town Planners to evaluate the fence ordinance, make recommendations on whether to require a permit and to set standards for installing a fence. He added that for Mr. Boothe, this action would "stay" any violation or enforcement until Council makes a decision on the recommendations 5 by the Planning Commission and the Planning staff. Mr. Lawrence pointed out that if Council decides not to allow the encroachment, the fence would have to be moved. Mr. Nance expressed concern that basing a decision on aesthetics was a "slippery slope" and noted he would like to see the ordinance reworked to allow citizens the right to put what they want on their property. He noted that the encroachment on this piece of property is fine but expressed concern that the next time a similar issue comes up, this decision will be "thrown back in their faces", Mr. Obenchain was not convinced the fence would not block the view and asked that staff look at this. He questioned the Town's obligation to notify any new owners that the fence might need to be taken down at some point because it is in the Town's right of way. The Town Attorney replied that if Council allows the fence to stay, the written agreement can include a statement that would require Mr. Booth to notify any new owner of the agreement and to supply the purchaser with the a copy, Mr. Boothe advised that he did not believe there would be a visibility issue if the fence is allowed. He felt the fence is needed to protect his children. He went on to say that he understood the fence may have to be taken down in the future and agreed to furnish any future purchaser of the property with the above noted agreement. Mr. Bill Booth spoke in favor of allowing the fence to remain as the new fence improved the looks of Mr. Boothe's property. Mr. Nance asked Mrs. Turman if she had received comments from law enforcement as to whether they have any concerns with site restrictions because of the fence and Mrs. Turman replied that she was not aware of any, Mr. Lawrence advised that a motion was needed from Council to show they are open to the encroachment and that staff would work with the Town Attorney to draft a letter of agreement for Mr. Boothe and for any future owner of the property. Mr. Altice made a motion authorizing the Town Attorney to draw up a letter of agreement between the Town and the property owner allowing the encroachment and requiring Mr. Boothe to pass the letter of agreement on to any future owner of the property. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. Mr. Boothe stated that he had searched the Town Code but had not found any information on fences. Ms. Dillon responded that it is addressed in the Town Code but that it is in various sections and would be difficult to locate. Mr, Obenchain expressed his opinion that I anyone putting up a fence should get a permit so that this situation does not occur again. Mr. Lawrence advised that the issue with the height of the fence will be studied by staff and sent to the Planning Commission for their recommendation and then brought back to Council to consider whether to change the Code. Karla Turman reported on the 2009 Housing Symposium that will be Report on 2009 hosted by the Town of Vinton and sponsored by the Roanoke Housing Symposium Regional Housing Network. She advised Council they should have received an invitation for the event that will be held at the War Memorial on May 7, 2009. Mr. Lawrence reported on a request to adopt an Identity Theft Prevention Policy that was instituted by the Federal Trade Commission whereby all creditors have to implement a written policy by May 1. He explained that though the Town is not a creditor in the usual sense, the Town does extend credit to water and sewer customers because they pay after they have received the service, The Town Manager reported that the purpose of the policy is to prevent and mitigate identity theft in connection with the opening of an account or with any existing account, Mr. Lawrence pointed out that also contained in the policy are the Town's procedures for compliance with the Virginia breach of personal information notification statute. He went on to say that if there is a breach, there would be a number of acceptable notices that would need to be sent out to those whose personal information has been compromised. Also, the policy contains definitions and gives the Town details for relevant "red flags" to look for. The Town Manager advised that there are a number of requirements for when accounts are opened and when accounts are closed. Lastly, the it requires that the Policy will be evaluated every year. Mr. Thompson pointed out a correction on page two of the policy where it refers to "the Town Board of Directors" and noted that should be changed to "Town Council". He also noted that the Town Manager would be appointed administrator of the Policy, Mr, Pat Patterson asked if the Town would have any responsibility to notify the citizens that the policy is being established and suggested that it be added to the utility bill. Mr. Lawrence agreed that this would be a good idea, Ms. Dillon responded that the Town is not required to notify their customers but is free to do so. Adopt Identity Theft Policy 7 Ms. Fidler moved to adopt the Identity Theft Policy as described by the Town Manager. The motion was seconded by Mr. Nance and passed unanimously on a roll call vote. Mayor Grose reported that he was pleased with the appearance of the new Porters Haven development, The following VML Policy Committee nominations for 2009 were VML Policy Committee made: nominations Community and Economic Development — Ms. Fidler Environmental Quality — Mayor Grose Finance — Mr. Nance and Mr. Thompson Human Development & Education — Mr. Obenchain Transportation — Mr. Altice The Town Clerk stated that she would make reservations for any Council or staff member who wished to attend the Town Section Meeting being held at 10-130 a.m., on May 22, 2009, at the Vinton War Memorial. Four Council members advised they would be attending, Mr. Lawrence stated that the Town would be paying for the use of the War Memorial room. Mayor Grose noted that the signed proclamations for Arbor Day and Council comments Relay for Life would be forwarded to the appropriate organization. Mr. Obenchain commended the Town staff for the good work they do and the commitment they have to the Town and stated that he felt blessed to be associated with them. Mr. Nance echoed Mr. Obenchain's comments. Council discussed plans for Dogwood Festival Day and their plans to wear period clothing for the parade. It was noted that the costumes would be picked up for Council by staff. Mayor Grose invited everyone to attend the Arbor Day event that was scheduled for the next day. Ms. Fidler announced that Council would have the opportunity to see a video and get a preview of the proposed Explore Park Project by Mr. Larry Vander Maten on Tuesday at 9:00 a.m. She also commented on the great job done for the Relay for Life event. Mayor Grose adjourned the meeting at 9:00 p.m, NN! 0 R K S I", S S) ON 8 Utility Fund BLOLet Brietim-) 1%,11% La \\,I,c lice reported that the Utillt%, l"Und's proposed revenLICS Were short by approximately $485,000. Fle t-urthcr reported that I-CVCllLleS are short dLIC to a reduction ill Water Use and the fact that there is very little c011Stl'UCti011 which has reduced the arnOLInt of S\,Slcjii development tecs being collected. He advised that $182.000 of the revenue shortage for water and sewer is dLIC to the lack of construction activity. Mr. 1,awrence explained this affects how the Town pays for improving, planning, design ing and construction of the water and sewer system. He also noted all $11.000 reduction in inspection fees. He pointed out that the current water and seNver rates will not fund new projects, capital investments in new water and sewer systems or depreciation of ecluipment in the upcoming year. The Town Nlana,—,cr advised that the Utility F"Und \VOUld be paying $220.000 next year for debt SCITICC incurred d1,11-1110 the CLII-rcnt vear through the sale of bonds to pay for a llLlnlbCr of needed projects. N,lr. Lawrence reported that capital improvements in the amount of $124,000 were requested but were taken OLII of the proposed budget because of the revenue shortage. He further 4�- reported that Mr. Kennedy had come tip with a total $226,300 worth of rcdUCti011S to bridge the $485.000 Utility bL[(I('Ct URP, t, _- Mr, Lawrence reviewed some of the items that had been CLIt From the utility budget. He noted that there was money in the budget for priorities but the buffer had been taken out. The Town Manager recommended three options for balancing the Utility Fund: L CLIt back oil expenses and see what can be done lor a year Use some of the fund balance Increase rates He discussed a utility rate study that would be completed in the fall. He stated that a rate structure and SCllCdLIle would be set Up, probably within a five year time Frame. with incremental increases. He added that once the live gear period is up, the rates would stabilize for a ]oil(, period oftime. During Mr. Lawrence's discussion it was noted that the I Z- During increase would probably be within the 10% range. Mr. Obenchain questioned whether a rate increase o1*50% would allow the Utility Blind to break even and IMr. Lawrence replied that at least a 50% increase over a live year period would be needed to break even. N,1r. Kennedy advised that the Western Virginia Water AL11hority rates were significantly higher than the Town's and the higher rates have enabled the Water Authority to make significant investments in improvements to their system. After acknow1c(Igoint, that gains made in the last four or five ),cars Nvere gone, Mr. Kennedy advised that a 10% increase Should get the Town through the next year. Nls. Fidler pointed out that when rates \\,cre raised IOLir ~rears ago, Council raised them to just one-third of what was actually needed, 9 N,lr. Oberichain questioned what the Town would do it' what occurred in Buchanan, happened in Vinton and Mr. Lawrence replied that if'theTo\\m had a catastrophic issue with the WtIICI'SyStellll. the Stale Would provide loans that would be charged back to residents with rate increases. Mr. Kennedy advised that the Town needs to fund capital at a rate of at least $400,000 per year to take care ofccluipment needs, designer projects and to allow fir Much needed Improvement projects. NIr. Obenchain inquired as to the reason for waiting until t'all to get the rate study completed and \\,its told by N,lr. Kennedy that it takes time to pull it together. Mr. Kennedy went on to say that the rate Study Should be completed by the end of September. Mr. Obcnchain recommended inibrinino the citizens as soon as possible about the rate increase so they call prepare for it. Mr. Lawrence replied that staff will work with the newspaper oil all article about the rate increase to int'orm citizens that because C011SUIllpti011 IS (JOWD and development is down, the rates will need to increase and will continue to go LIP. Mr. Kennedy intornied Council that he had a couple of videos lie would like them to view when they get a chance, one called "Liquid Assets" concerning nation-wide ill traStrUCt Lire that was prepared by the E-rivironinental Protection Agency and public broadcasting stations, and the second one, --Strategies for Local Leadership" prepared by the F-TA with interviews of local government officials who are faced with these kinds of decisions. Fle pointed out that tile 1,0\vll*s water and sexvcr system is old and that many parts of the system need to be replaced. Mr. Kennedy stressed that If they do not begin now to make improvements in the water and Sewer SvSIcIlls. there will be nothing left in 25 years. Mr. Lawrence advised Council that it waS LIP to them to decide whether to raise the water/sewer rates by 7.5% or 10% but that staff would get together and make a recommendation to Council along with a justification lor the increased percentage. Mr. Obenchain observed that in the past, Council had a rate structure that "barely _got them over the hunip" and 1elt that it might be time to go a little l"arther than "'.just getting by", Nlr. Lawrence stated that all increase of 10% would be about $6.00 for the average residential Customer. approximately $3.00 6or water and $3.00 for sewer each month. N11% Kennedy pointed out that purchased water from the Western Virginia Water Authority, which is mostly sold to Pi"G. might also need to beat- some of the cost. He went on to say that PFG pays .10 Illore per thousand gallons than the Town is paying the Authority and generates about S4000 per year. Nlr. Kennedy advised that the rate could be raised Incrementally as the water/sewer rates increase for residential and business customers. He stressed that the rates need to be raised so that capital Investments can be made. Mr. Kennedy briefly discussed a Couple of capital purchases that lie would like to make. One of the items was deployable leak detectors which is it relatively new, highly successful tCCl)I1O10L_1V that Would detect a water leak and locate it before it surfaces Which Would reduce the trn1Olrnt Of Unaccountable water that Is lost. N,lr, Lawrence Stated that stall' would meet the next day to determine the best wav to approach closing. the budget gap and then make a recommendation to Council. N,Ir. Nance adviscd that he did not warit to raise rates this year but if that is what needs to be done, then H maybe tile)' SlIOLIld consider raising the rates in January. Mr. Lawrence pointed out that the TOW11 had acCLInIulated over $4,000,000 to $5.000,000 in debt service over the past five vears to make 1110ch needed improvements to the water and sewer systems. The N,Iayor commented that lie did not like to see the rates UO Up but he understood the need to 1.11sc them. "I'lle Town Manager reminded COLHICil that there would be a budget work session with Department Pleads on the following Monday beginning at 10:00 a.rn. As there was no further bLISiIICSS to discuss, the work session adjourned at 10:07 p.m. AIIPROVE-D: Bradley I--,. Grose, Nlayor /VFITST: Darleen R, Bailey, Town Clerk MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, MAY 5, 2009 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler William W. Nance William E. Obenchain, Jr. STAFF PRESENT: Chris Lawrence, Town Manager Adam Swann, Acting Town Attorney Darleen Bailey, Town Clerk Michael Kennedy, Public Works Director Barry Thompson, Finance Director/Treasurer Herb Cooley, Police Chief Ben Cook, Police Lieutenant Joey Hiner, Asst. Public Works Director Mark Vaught, Vinton Police Department A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION — Bob Andrews — Member Campbell Memorial Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Approval of Minutes- Regular Meeting of April 7, 2009 2. Ordinance No. 882 —Adopt Meals Tax Increase from 5% to 6% ACTION- Schedule Public Hearing for May 19, 2009 3, Ordinance No. 883 — Adopt Cigarette Tax of $.30 per Pack ACTION: Schedule Public Hearing for May 19, 2009 4. Ordinance No. 884 —Adopt FY 2009-2010 Budget ACTION: Schedule Public Hearing for May 19, 2009 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1 Proclamation — National Water Drinking Week 2. Proclamation — National Public Works Week 3. Recognition of Dispatcher of the Quarter 4. Recognition of Finance Department for GFOA Award 5. Support Roanoke County Proclamation Declaring Week of May 3 through May 9, 2009 as Building Safety Week and the Month of May, 2009 as Deck Safety Awareness Month 6. Recognition of Allstate Foundation for a Grant of $500.00 Presented to the Vinton Police Department F. CITIZENS' COMMENTS AND PETITIONS G. TOWN ATTORNEY N. TOWN MANAGER 1. Adopt Resolution Opposing Kerr Lake Regional Water System's Request to Increase Transfer of Water from Roanoke River Basins — Resolution No. 1822 2. Appropriation of Grant Funds Received by the Police Department from Allstate Foundation in the Amount of $500.00 — Resolution No. 1823 I. MAYOR J. COUNCIL K. ADJOURNMENT Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Mr. Bob Andrews, member of Campbell Memorial and Pledge of Alle- Presbyterian Church, gave the invocation and Wes Nance led the giance to U.S. Flag. Pledge of Allegiance to the U.S. Flag. Mayor Grose asked to pull the first item listed from the Consent Approved Consent Agenda. Mr. Nance moved to approve items 2, 3, and 4 of the Agenda consent agenda and Ms. Fidler seconded the motion. The motion passed with all in favor. Mayor Grose reported on two proclamations that had been prepared Awards and recogni- designating May 3 through May 9 as National Drinking Water Week tions and May 17 through May 23 as National Public Works Week. Mayor Grose commented that the Town is very proud of the Public Works Department and the great job they do to keep the Town running. Mr. Nance read a letter from Chief Cooley designating Ashley Dalton Sizemore as Dispatcher of the Quarter for the quarter ending March 31,2009. The Finance Department was recognized by Mr. Obenchain for receiving their 13th annual Governmental Finance Officers Association award for excellence in financial reporting, Mr. Obenchain commented that winning this award was a tremendous honor for the Finance Department and the Town, Mayor Grose spoke in support of a Roanoke County proclamation declaring the week of May 3 through May 9, 2009 as Building Safety Week and the Month of May, 2009 as Deck Safety Awareness Month. Mayor Grose recognized Mr, Moe Maddox and the Allstate Foundation for a grant received by the Vinton Police Department for $500 that will be used to supplement the Police Department's community programs. Mr. Maddox advised that the Allstate Foundation offers a grant to its agent representatives on an annual basis and to qualify, the agent has to perform community service and volunteer for as much as two months of the year. He noted that this is the sixth year he has requested and received these funds for the Town of Vinton's Police Department. Mr. Maddox commented that he had been involved in the Police Academy and the Advanced Police Academy from the beginning. Mayor Grose thanked Mr. Maddox and the Allstate Foundation for the grant and for their support of the Vinton community. Mr. Donald Doyle who lives at 502 Pine Street, complained about problems in his neighborhood with loud music and rowdy people that had been occurring on a frequent basis. He advised that a few days previously, he had been awakened at 5:00 a.m. by someone yelling, talking loud, and slamming car doors. He also reported that a neighbor had pornographic graffiti painted on his vehicle that morning. Mr. Doyle noted that the Police Officer he had spoken with had advised him this type of behavior had been going on in other areas of the Town as well. He pointed out that there are several older people who live on Pine Street who are scared because the situation seems to be getting worse. Mr. Doyle asked if there was any action that he or his neighbors could take to remedy the situation other than calling the Police and Mayor Grose advised that Mr. Doyle should call the Police and not confront individuals who are causing trouble. Mr. Nance asked if there were any Neighborhood Watch organizations nearby and was advised that there was one a block from Mr. Doyle's street on Cleveland Avenue. Mayor Grose advised Mr. Doyle to speak with Mark Vaught from the Police Department who works with the Neighborhood Watch groups. Barbara Snyder who lives at 539 Jefferson, complained about cursing and loud music that were occurring at an apartment building owned by TAP located across the street from her home. During her comments, she asked that the Mayor, Town Manager and Police Chief forcefully deal with the situation, Mayor Grose promised that the Police Department would work diligently to remedy the situation, Sergeant Vaught reported that they had arrested the person who had done the spray painting on the vehicles and that he was not Comments about van- dalism on Pine Street associated with anyone in the TAP owned apartment building. Adam Swann advised that the Town Attorney, Elizabeth Dillon was unable to attend the meeting and had asked him to serve in her place. He was welcomed by the Mayor, Mr. Lawrence reported on a request by the Roanoke Valley Alleghany Regional Commission to adopt a resolution opposing the Kerr Lake Regional Water System (KLRWS) request to expand their withdrawal limits from the Roanoke River basin to 24 MGD. He further reported that KLRWS sells bulk water to Henderson, Oxford, and Warren County, North Carolina who serve portions of Vance, Granville, Franklin and Warren Counties, NC. Mr. Lawrence informed Council that the Regional Commission has been working with its member jurisdiction to develop a Greater Roanoke Regional Water Supply Plan to evaluate what this area's water needs will be in the next 20 or 30 years. He noted that the study has not yet been completed but it already indicates that there is a possible water supply deficit. He went on to say that proposed Resolution No. 1822 summarizes the Town's opinion of KLRWS's request and puts Town on record as opposing the request to transfer the 24 MGD to the Tar and Fishing Creek River Basins. He pointed out that once the KLRWS stakes a claim to the water rights, this area would never get the rights back. Mr. Altice moved to adopt proposed Resolution No. 1822 opposing the request by KLRWS to expand their withdrawal limits from the Roanoke River Basin. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. Mr. Lawrence acknowledged that the date on the resolution should be changed from April 21't to May 5, 2009. Mr. Lawrence reported on a house -keeping request to allocate grant funds in the amount of $500 from the Allstate Foundation to the Police Department's budget. He explained that the resolution acknowledges the revenue coming in and allocates it to the proper item in the budget. Mr. Obenchain moved to adopt proposed Resolution No. 1823 appropriating the grant funds from the Allstate Foundation to the proper budget account. The motion was seconded by Mr. Nance and approved unanimously on a roll call vote. Mayor Grose again thanked the Finance Department for their efforts Adopt Resolution No. 1822 opposing a re- quest to expand with- drawal limits from the Roanoke River Basin by KLRWS Adopted Resolution No. 1823 appropriat- ing grant funds from the Allstate Founda- tion to the Police De- partment's budget. 4 in winning the GFOA award. Mr. Obenchain thanked all the employees who helped out with the Dogwood Festival and the Public Works Department who had the downtown area clean by the following day. Mr. Nance echoed Mr. Obenchain's comments and added his thanks to Mr. Maddox and the Allstate Foundation for their donation. He also thanked the citizens who made public comments about the vandalism on Pine Street. Mr. Altice stated that he also appreciated the Pine Street residents' comments. He further stated he is aware of the situation and assured everyone that the Police Department is working to get them resolved. ATTE'ST: Darleen R. Bailcy. Town Clerk APPROVED: Bradley E, Grose, Mayor 9 NOTICE OF PUBLIC HEARING BYTHE TOWN OF VINTON, VIRGINIA TO AMEND THE RATES & CHARGES SCHEDULE FOR WATER AND WASTEWATER SERVICE The Council of the Town of Vinton, Virginia (the "Council") Will hold a public hearing on a proposed new Rates and Charges Schedule for Water and wastewater services, The Schedule proposes Water and Waste Water rate increases for Residential, Com►r►ercial, Institutional,, and Industrial Customers. The public hearing, which may be continued or adjourned, and at which persons may appear and present their views on the proposed codeamendnicilts, will be held at 7:00 p.m., or its soon thereafter as the matter may be heard, on June 2,2009, before the Council in the Town Council Chambers in the Vinton Municipal Building, at 311 South Pollard Street, Vinton., Virginia. i1• Recognition of Public Works Employees Participating in Equipment Rodeo Vinton Public Works employees recently participated in two Equipment Rodeos. These rodeos test the skill of operators In performing challenging tasks and operating equipment against the clock on designed courses with obstacles. Equipment includes backhoes, front end loaders, snow plows, street sweepers, and Knuckleboom trucks. Vinton PW made a great showing in both events. Roanoke Citv Equipment Rodeo, 22 April. Several PW staff participated in the annual equipment rodeo sponsored by Roanoke City, Crew Leader Fred Sisson finished first in the Snow Plow competition. Chief Mechanic Mike Huffer placed second in Backhoe. Equipment Operator 11 Barry Custer finished fourth in the Knuckleboom Truck (bulk refuse truck) event. About 25 to 30 people participated, representing Vinton, Roanoke City, and Western Virginia Authority, American Public Works Association, VA/MD/DC Chapter Rodeo. 6 May. Several PW staff participated in the annual equipment rodeo sponsored by the APWA Chapter at their annual conference held in Roanoke. Equipment Operator 11 Barry Custer finished first in the Knuckleboom Truck (bulk refuse truck) event. Equipment Operator III Jeff Thurman finished second in the Street Sweeper event. About 70 people participated, representing the two states and District of Columbia. A tremendous showing by talented PW employees, which reflects well on the Town. Town of Vinton Town Manager's Proposed Budget FY2009-2010 I am pleased to submit the Proposed FY2009-201 0 Budget to the Town Council and the Town of Vinton citizens. This year's budget is balanced and was developed under difficult circumstances due to the economic downturn. The purpose of our budget is to plan necessary operating and capital expenditures for the next fiscal year to meet Council and citizen expectations while servicing the Town's debt. Quality community services such as police. , public works, fire and EMS, special programs, War Memorial facility, planning and financial services will continue to be offered at a reasonable cost. The Proposed FY 200912010 Budget for all funds totals 810,781,995. Allocation by fund, as well as a comparison to the FY 2008/2009 budget and its mid -year amendment area as follows: While the budget by its very nature must contain numbers, the message we want to communicate in this budget document is one of commitment to outstanding service delivery and progressiveness in local governance. The Proposed Budget before you supports hundreds of services that are delivered by the four operating departments and four administrative offices. We encourage you to focus your attention on the objectives in each department that are supported with the funding proposed for FY 2009/2010. With the continuing partnership between Town employees and individual and corporate citizens alike, we will continue to search for ways to be innovative in delivering services to the deserving citizens of the Town of Vinton. ffwln�� The review and adoption of the Annual Operating and Capital Budget represents one of the most important policy -making responsibilities of the Mayor and Town Council. The budget is more than just the legal document appropriating funds; it establishes priorities among competing governmental services, all of which have dedicated constituencies. The Town Council must also establish service levels based on the priorities and within the fiscal capacity of the Town. Preparation of the Proposed FY200912010 Bw4gel was guided by the following policies: • Maintain the overall quality of life for residents • Maintain the quality and variety of services provided • Evaluate functions, activities, personnel levels, and determine whether cost savings Or service level improvements can be achieved • Replace equipment and vehicles when it is most cost effective • Identify alternative revenue sources The current uncertainty of the economic climate challenged the management team in preparing the Proposed FY200912010 Budget. The budget reflects the Town's growing costs of providing services and minimal revenue growth. In an effort to control expenditures selective positions were frozen in the Prol)oscd F)'200912010 Budget. Expenditures have also been carefully reviewed to identify areas of potential savings. BUDGET OVERVIEW Council's commitment to sound fiscal decision -making is again reflected in this budget. The citizens of Vinton expect quality services, prompt snow removal, professional law enforcement, professional land use and development guidance, quality parks and recreation facilities, clean and well -maintained streets, quality neighborhoods, dependable water and sewer service, responsive solid waste and recycling collection and many other quality municipal services. Our citizens expect that these services be provided with minimal reliance on real estate taxes. Real estate tax revenue only accounts for 1.8% of the Town's total general fund revenues. Revenues: The economic recession has negatively impacted our revenues including general personal property values, sales tax, investment income, limited new development, and reduced the consumption of water by our customers. All these revenues combined have resulted in a shortfall of approximately $600,000 in the general fund and $485,000 in the utility fund. These respective shortfalls were balanced through a combination of significant budget reductions, a proposed increase in meals tax, the creation of a cigarette tax, and a 10% increase in water and sewer rates. Real Estate and Personal Properq, Tax: The proposed budget maintains the current rate of tax on real estate at $0.03 per $ 1,000 and the current rate on personal property tax at $ 1.00 per $100. Meals Tax: The proposed budget, the Meals Tax is recommended to increase increased from 5% to 6% to provide additional funding of approximately $140,000. Cigarette Tax: The proposed budget recommends creating a new cigarette tax at $0.30 per pack. Town and Cities are authorized by the state to establish a cigarette tax, which in the past has not been used by the town. The estimated new revenue from this tax is $115,000. Both these taxes represent new revenue sources for the town. In the short term, these new revenues are intended to bridge the gap between the operational and capital reductions we have recommended and the needed expenditures to operate the town services. Over time, as the economy begins to improve, it is intended that these new revenues will be part of the overall revenue sources to fund the significant amount of capital improvements that have been deferred during this economic recession as well as supplement the cost of operations to provide enhanced services to our citizens. Expenditures: Each department was asked to critically evaluate their budget and identify budget reductions while maintaining the core government functions of their respective departments. This was a very difficult and arduous task, which was successfully completed to generate the final Proposed F)'200912010 budget. These budget reductions have resulted in a balanced General Fund Budget that does not use any unreserved fund balance. However, many of these cuts represent short-term solutions that cannot be sustained in the long -tern. Personnel: The Town has an excellent reputation for being a desired employer as well as having outstanding employees who are committed to providing the best possible service to the community on a day -in and day -out basis. When establishing budget priorities, it is important to remember this even in light of other employers who are not providing pay increases and are considering layoffs. Funding is included in the Proposed F)'200912010 Budger to provide the following: • Pay for performance one-time bonus of $200 for employees in the spring if revenues are on track. • The town will continue to encourage employee professional development through funding of higher education tuition reimbursement. • Budget includes funding for mid -year promotions in the Police Department, • Employee health insurance continues to be fully funded for individuals and the town contribution for dependent and family coverage will be increased by $100 per month. Funding reductions include: • The current vacancy for the Fire & EMS Chief position is recommended to deferral until next year, which results in a savings of approximately $100,000. • There will be no cost of living increases for employees. • Reduction in employee appreciation and training budgets. • Reduction in part-time employee funding. Special Programs — Swimming Pool: As part of the proposed budget, the swimming pool is planned to operate during the summer of 2009 and be closed for the 2010 season and beyond. The swimming pool operates at a significant loss, approximately $40,000. The pool is 60 years old and requires approximately $ 100,000 of capital investment to continue operations beyond the upcoming summer of 2009. This includes supplemental pumps and general facility/ground improvements to meet health department standards and town standards for a high quality facility. Closing the pool for the summer of 2010 will result in an estimated savings of S 140,000 in the proposed budget year including operating and capital costs. These savings would continue in future years of approximately $40,000- $50,000, annually. Capital Improvement Program: The CIP is intended to be a five year plan for building, equipment, and major purchases for the town. Almost $700,000 worth of needs were identified and submitted by departments for the FY2009/204 0 budget year. The proposed budget includes funding of only $94,000 of these needs and in general defers the remaining projects to future years. Although this was a short term strategy to balance the budget, it will continue to create an ever increasing demand on the budget to address these needs. These needs include projects or equipment such as community improvement projects, public safety equipment and vehicles, Business Center site preparation, and technology improvements. Water and Sewer Fund: The maintenance., operations, and investment in our water and sewer system are a fundamental government service. We have recognized the significant needs in our aging utility system and diligently work to keep it functioning. However, in the upcoming 10- 15 years, significant investment will be required to replace water and sewer lines, pump stations, and equipment. The proposed FY200912010 budget has identified an approximately $485,000 shortfall in the Water and Sewer Fund due to a reduction in revenue. This shortfall is due to a reduction in water consumption by 13 million gallons and the lack of new construction funding the system development fees. The proposed F)20091201 0 budget addresses this shortfall through the following: • Reduction in operating expenditures by $122,000 Elimination of all capital funding by $124,000 • Increase in Water and Sewer rates by 10%, which generates approximately $121,000 • Use of$] 18,000 from fund balance A comprehensive rate structure analysis will be completed this fall. This study will evaluate and determine the future capital investment and operational needs and develop a rate structure to support the financial costs of implementing this plan. The plan will also recommend a schedule for implementing these new rates in a fair and equitable way. CONCLUSION In conclusion, the fiscal condition of the Town remains sound while services are provided to meet Council's goals. Members of the Town staff are available to assist and support the Town Council during your deliberation on this Proposed Budget. We will provide any additional information or data you may need during your review of the objectives and proposals included in this document. Copies of the FY200912010 Proposed Budget are available in the Town Manager's Office, as well as the Treasure's Office and on the Town's web site at www.vintonvaj4ov. Finally, a document of this size and magnitude is a product of many individuals. Each Town staff member who contributed to the development of this Proposed Budget is to be commended. Treasurer, Barry Thompson, Human Resources Director, Beth Austin, and Assistant Town Manager, Consuela Caudill, led to the development of this budget. In addition, the department heads and Employee Budget Advisory Team spent countless hours on all matters contained in this budget. Without these individuals, this budget would not be possible. Lastly, Town Council has spent a significant investment in their time to provide leadership and guidance so that the values and priorities of the community are maintained to the greatest extent possible within our financial means. PROPOSED ORDINANCE NO. 882 AT A REGULAR MEETING OF TI-IE TUESDAY, JUNE 2, 2009, AT 7:00 P.M., VINTON MUNICIPAL BUILDING, 311 VIRGINIA. VINTON TOWN COUNCIL, HELD ON IN THE COUNCIL CHAMBERS OF THE SOUTH POLLARD STREET, VINTON, AN ORDINANCE to amend Section 86-167, Levy, of Article V,Tax on Prepared Food and Beverages, of Chapter 86, Taxation, of the Vinton Town Code to increase the meals tax and cst,abl 1 shin(-), an effective date. WHEREAS.. establishing the meals tax rate is the responsibility of Town Council; and WI-IEREAS, a public hearing was advertised and held on May 19, 2009, and all public comments have been considered by Council; and WHEREAS, Council desires to increase The meals tax by one percent. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that: 1. Section 86-167, Levy, of Article V, 'Fax on Prepared Food and Beverages, of., Chapter 86.Taxation, of the Vinton Town Code be amended as follows: Sec. 86-167. Lev\% There is hereby imposed and levied by the town on each person a tax at the rate of fi-ve six percent on the amount paid for marl(s) purchased from any food establishment, whether prepared in such food establishment or not., and whether consumed on the premises or not. 2. This ordinance shall take effect on Jul), 1, 2009. This Ordinance adopted on motion made by Council Member and seconded by Council Member , with the following votes recorded: AYE S: NAYS: APPROVED: Bradley F. Grose, Mayor j\TTE_ST: Darleen R. Bailey. Town Clerk PROPOSED ORDINANCE NO. 883 AT A REGULAR MEETING OF THE VINTON TONNIN COUNCIL, HELD ON TUESDAY,,TUNE 2, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOU-1-11 POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to amend Chapter 86,Taxation, of the Vinton Town Code to add Article IX, Cigarette Tax, to adopt and levy a tax on cigarettes within the'l'own and establishing an effective date. WHERE -AS, the Town of Vinton is authorized to impose a tax upon the sale and use of cigarettes to provide rcventie fior the general fund of the Town by Sections 58.1-3830, 58.1-3832. and 58. 1 -' )840 of the Code of Virginia.. 1950, as amended; and WHEIREIAS, a public hearing was advertised and held on May 19, 2009, and all public comments have been considered by Council-. and WHEREAS, Council desires to impose a cigarette tax. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 86,Taxation. is amended to add Article IX, Cigarette Tat as follows: ARTICLE IX. TAX ON CIGARETTES Sec. 86-340. (See. 12-272) Definitions. P'NCCptwhcre the context clearly indicates a difTerent meaning, the following words and phrases shall. 1 s , lor purposes of this article. have the meanings respectivelN ascribed to them in this section: Crgcirelfe means any roll of any size or shape tor smoking, whether filtered or 1.111filtered., with or W10101.1t a mouthpiece, made wholly or partly of cut; shredded or crimped tobacco or other plant or substitute Jor tobacco, whether the same ifflavored, adulterated or mixed with another ingredient, ifthe wrapper or cover is made of any material other than leaf tobacco or homogenized leaf tobacco, regardless ofNvhcthcr the roll is labeled or sold as tI cigarette or by any other name. De(iler means every mail LI facturer. manufacturer's representative, self-xvholesaler, wholesaler, public warchOLIser or other person who SLIppfiCS a seller within the town with cigarettes. Dii-ector means the treasurer/director of finance lor theTown of Vinton, or his or her designee. Puck(We means any container, regardless of the material Used in its construction in which separate cigarettes are placed WitlIOL]t SLICh cigarettes being placed into any container within the package, Packages are those containers of cigarettes from which individual cigarettes are ordinarily taken when they are consumed by their ultimate user. Person means any individual, firm, unincorporated association, company, corporation, L.L.C- joint stock company, group, agency, syndicate, trust or trustee. receiver, fiduciary, partnership and conservator. The word "person" as applied to a partnership.. unincorporated association or other joint venture means the partners or members thereof, and as applied to a corporation shall include all the officers and directors thereof. Stile means ever), act or transaction, regardless of` the method or means employed, including the use of vending machines and other mechanical devices, whereby title to any cigarettes shall be transferred from the setter to any other person -within the corporate lirnits, of the town. Seller means every person who transfers title to any cigarettes, or in whose place of business title to any cigarettes is transferred, within the corporate limits of the town, for any purpose other than resale. Stanij) means a small gummed piece of paper or decalcomania to be sold by the town treasurer director of finance and to be affixed, manually or by machine, to ever�rr package of cigarettes sold at retail in the town, under the authorization of the treasurer/director of finance. TM,,n means the Town offinton, Virginia. See, 86-341. Levied; amount; tax additional to other taxes. In addition to all other taxes of ever), 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 thirty cents (S0.30) on each package containing twenty-five (25) or feNver cigarettes. The tax shalt 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. See. 86-342. Methods of payment. The tax imposed by this article shall be evidenced by the use of stamp, purchased from the town treasurer/director of finance and affixed by the dealer or seller to every package of cigarettes to be sold within the town. The tax shall be paid at the time the stamps are purchased from the treasurer/director of finance. Every dealer and every seller shall have the right to buy such stamps frorn the treasurer/director of finance and to affix the sarne to packages of cigarettes as provided in this article. Sec. 86-343. Preparation and sale of stamps generally; discounts. For the purpose of maldng stamps available for use, the treasurer/director of finance shall sell stamps of such denomination and in such quantities as may be necessary for the payment of the taxes imposed by this article. In the sale of such stamps, the treasurer/director offinance shall allow a discount of five (5) percent of the denominational or face value Of the stamps to cover the costs incurred in affixing the stamps to packages of cigarettes. Sec. 86-344. Duties of dealers and sellers. (a) Every dealer in cigarettes is hereby required and it shall be his duty to purchase such stamps at the office of the treasurer/director of finance as shall be necessary to pay the tax levied and imposed by this article,. and to affix or cause to be affixed, a stamp or stamps of the prescribed monetary value to each package of cigarettes prior to delivering or furnishing such cigarettes to any seller. (b) Every seller is hereby required to examine each package of cigarettes, prior to exposing the same for sale, for the purpose of ascertaining whether Such package has the proper stamps affixed thereto or imprinted thereon as required by this article. Il'upon such examination Unstarriped or improperly stamped packages of cigarettes are discovered, the seller shall either: I. Purchase and affix to such packages of cigarettes the proper stamps covering the. tax imposed by this article, or, 2, hinriediatcly notify the dealer who provided the cigarettes, and upon such notification such dealer shall forthwith either affix to the unstaillped or improperly stamped packages the proper amount of stamps, or shall replace such package s with others to which stamps have been properly fixed thereon. (c) In the event any seller elects to purchase and affix stamps before offering cigarettes for sale, the dealer delivering and furnishing such cigarettes shall not be required to purchase and affix stamps to such cigar ettes so sold or furnished, provided, that any such dealer shall, on the clay follo,,ving the day of such delivery, file with the director a copy of the delivery memorandum showing the name and address of'such seller and the quantity and type of cigarettes so delivered and furnished. See. 86-345. Monthly reports and recordkeeping. (a) It shall be the duty of each dealer to report monthly to the director separately the folloxvin(1,1 information: 1. The quantity of stamped cigarettes sold or delivered during the period requested by the director to: a. Each dealer, b. Each seller, and c. I"ach separate person or place ofbusiness within the toxvii. 2. The quantity of stamps on hand, both affixed and unaffixed on the first day of the period of request and the quantity of stamps or stamped cigarettes received during the Period, and. 3. Such further inf'ori-nation as the director may require for the proper administration and enforcement of this article for the determination of the exact number of cigarettes in the possession of each dealer or User. (b) Upon request by the director, any seller shall provide the director, in writing, with the name and address of the dealer who provides the seller with cigarettes. (c) It shall be the duty of every dealer and seller in the town to maintain and keep, for a period ofl�vo (2) years, complete records of the number of packages of'cigarettes delivered or sold by such dealer or seller and to make all such records available for examination by , the director, upon demand, at any and all reasonable times. See. 86-346. Assessment of unpaid taxes. (a) When. upon examination and audit ofany invoices. records, books, canceled checks or other memoranda touching on the pUrchase, sale, receipt, storage or possession of' tobacco proClLlCtS taxed herein, any dealer or other person liable for the tax is unable to furnish evidence to the director of sufficient tax payments and stamp purchases to cover cigarettes which were sold, used, stored, received, purchased or possessed by him, the prima Cacie presumption shall arise that such cigarettes were received, sold, used, stored., purchased or possessed by him without the proper tax having been paid. The director shall, from the results of'such examination and audit based upon such direct or indirect information available, assess the tax due and unpaid. (b) The dealer or other person liable for the tax shall be notified by certified mail or hand delivery of such deficiency and such tax, penalty and interest assessed shall be due and payable within ten days after notice OF Such deficiency has been issued. Sec. 86-347. Display of stanips; seizure. (a) Stamps shall be placed upon each package ot'cigarettes in such manner as to be readily visible to the purchaser, and shall be affixed to each package of'cigarettes in such a manner that their removal Will I-CCILlire continued application of'water or steam. (b) Any seller found to possess, prior to being offered for sale, more than sixty (60) packages of cigarettes without the tax paid stamp affixed who is not in the process of at-fiXing Such stamps thereto, shall be presumed to be in possession of untaxed cigarettes in violation of this article. If SLICK person has received the cigarettes within the preceding forty-cight (48) hours, and has not offered them for sale, such presumption shall not apply. (c) Any vending machine located within the town containing cigarettes upon which the stamp has not been affixed or containing , cigarettes placed so as to not allow Visual inspection Of the stamp through the viewing area as provided for by the vending machine mantil'acturer shall be presumed to contain untaxed cigarettes in violation of this article. If vending machine does not allow for visual inspection of the stamp, the director is hereby authorized to direct the owner to open the machine in order to determine whether the cigarettes contained therein are stamped. (d) Any cioarettes, coin operated vending machines, counterfeit stamps, or other property found in violation of this article shall be declared contraband goods and illay be seized by the director. In addition to any tax due, the dealer or other person liable for the tax 4 possessing such untaxed cigarettes shall be subject to civil and criminal penalties herein provided. (c.) In HCU of seizure, the director may seal such vending machines to prevent continued illegal sale or removal Of Such cigarettes. The removal of such seal from a vending machine by any unauthorized person shall be a violation of this article. Nothing in this article shall prevent the seizure ol'any vending machine at any time after it is sealed. (t) All cigarette vending, machines shall be plainly marked with the name, address and telephone number of the owner of said machine. Any seized and confiscated cigarettes. vending machines or other property used in the furtherance of any illegal evasion of the tax may be disposed of'by sale or other method deemed appropriate by the director thirty (30) days after notice to the person from whom the items were seized, and any other known holder of property interest in the property. The notice shall state that the owner or holder of a property interest may challenge the proposed sale and forfeiture by written appeal to the Vinton Town Manager at least five (5) days prior to the date of the proposed sale. The appellant shall have the right to personally appear before the town manager, or his or her designee, and to present any relevant evidence or witnesses, to question any witness for the town, and to assert any available affirmative defense. The town manager shall render a written decision on the appeal within ten (10) working days. 1fa timely appeal is filed, no sale and forfeiture shall occur unless and until the town manager renders a decision rejecting the appeal. (li) No credit from any sale of cigarettes, vending machines or other property seized shall be allowed toward any tax, penalties or interest assessed. See. 86-348. Refund for unused or damaged stamps. (a) Should any person, after acquiring from the treasurer/director of` finance any stamps provided f0r in this article, cease to be engaged in a business necessitating the use of the stamps, or Should the stamps be damaged to the extent that they are unusable, such person shall be entitled to it refund of the denominational or face amount of any such stamps. less any diSCOUnt, upon Presenting the stamps to the director of finance and furnishing the director of finance with an affidavit showing, to his satisfaction, that the stamps were acquired by Such person but not used, and the reason for requesting the refund. (b) An), and all refunds for unused or damaged stamps provided for under this section may be made on vouchers approved by the treasurer/director of finance. Such refunds shall be charged against the sums collected for the sale of said stamps. Payment to the person requesting the refund shall be made within thirty (30) days of the request. Sec. 86-349. Rules and regulations. 'file director is hereby authorized and empowered to jointly prescribe, adopt., promulgate and enforce rules and regulations relating to the methods and means of cancellation of the stamps provided for in this article and to any and all other matters pertaining to the administration and enforcement of the provisions of this article. The director is further authorized and empowered to examine the books, records, invoices, papers and any, and all cigarettes in and upon any premises where the same are placed, stored. sold, offered for sale, or displayed for sale by a seller. The director is authorized to delegate any of the powers and duties set out in this article to one or more deputies or assistants, except as may be prohibited by law. Sec. 86-350. Violations of article generally. (a) Any person violating any of the provisions of this article shall be guilty of a Class I misdemeanor. Conviction and punishment for Such violation shall not relieve an), person from the payment of any tax, interest or penalty imposed by this article. (b) Any person who iails to pay any cigarette tax at the time it is due shall pay a late payment penalty in the amount often (10) percent of the unpaid tax per month. (c) Any person who fails to pay any cigarette tax at the time it is due shall pay interest on the tax found to be overdue and unpaid at the rate of three-quarters (3/4) of one percent per month. W) In addition, any person who shall perform any fraudulent act or fail to perform any act for the purpose of evading the payment of any tax imposed by this Article shall be required to pay a penalty in the amount of fifty (50) percent of any tax round to be overdue and unpaid. (c) Each day's violation of, or noncompliance with, any of the provisions ofthis article shall be and constitute a separate offense. See. 86-351. Violations of article prohibited; acts enumerated. (a) It shall be unlawful and a violation of this article for any person: (1 ) To pertorm any act or fail to perform any act for the purpose of evading the payment of any tax imposed by this article or of an), pall thereof, or for an), dealer or seller, \.vith intent to violate an), provision of this article, to fail or refuse to perform any of the duties Imposed upon hire Linder the provisions of this article, or to fail or refuse to obey any lawful order which the director may issue under this article. (2) To falsely or fraudulently make., forge, alter or counterfeit any stamp, invoice or reports, to procure or cause to be made, forged, altered or counterfeited any Such stamp, or knowingly and willfully to after, publish, pass or tender as true any false, altered, forged or counterfeited stamp or stamps. (3) To sell any a cigrettes upon which the tax imposed by this article has not been paid g and upon which evidence of payment thereof is not shown on each package of' cigarettes. (4) 'ro reuse or refill with cigarettes any package from which the cigarettes have been rQn-ioved, for which the tax has been paid. (5) To remove from any package any stamp with intent to use or cause the same to be used after the same have already been used, or to buy, sell or offer for sale or give I away any used, removed, altered or restored stamps, to any person, or to reuse any stamp which has theretofore been used for evidence of the payment of any tax prescribed this article, or, except as to the trcasurer/di rector of finance, to sell or off'er to sell any stamp provided for herein. (6) To possess, store, use, authorize or approve the possession, storage or use for sale or resale of tiny cigarettes in quantities of more than sixty (60) packages upon which the stamp has not been affixed; or (7) To transport, authorize or approve the transportation ol'any cigarettes, in quantities of more than sixty (60) packages into or within the town upon which the stamp has not been affixed, if they are: (a) Not accompanied by a bill of lading or other document indicating the true name and address of the consignor or seller and the consignee or purchaser and the brands and quantity ot'cigarettes transported; or (b) Accompanied by a bill of lading or other document which is false or fraudulent in whole or part; or (c) Accompanied by a bill of lading or other document indicating: I . A consignee or purchaser in another state or the District of'Coluilibia who is not authorized by the la\v of such other jurisdiction to receive or possess Such cigarettes on which the taxes imposed by Such other jurisdiction have not been paid, unless the tax of the state or district of destination has been paid and the said cigarettes bear the tax stamps of that state or district; or 2. A consignee or purchaser in the Commonwealth of Virginia but outside the town who does not possess a Virginia Sales and Use Tax Certificate, a Virginia Retail Tobacco Liccnsc and, where applicable, both a business license and a retail tobacco license issued by the local jurisdiction of destination. 'this ordinanec shall take effect on 1, 2009 This Ordinance adopted on motion made by Council Member and seconded by Council Member with the following votes recorded: A Y E'S: MAYS: A'l "FE ST: Darleen R. Bailey, Town Clerk APPROVED: Bradley E'. Grose, Mayor 7 PROPOSED ORDINANCE' NO. 884 AT REGULAR MEETING OF THE, VINTON TOWN COUNCIL HELD ON TUESDAY, JUKE 5 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUI.1-1 POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town Charter requires that a budget be adopted by July I" for the new fiscal ),car-, and, WHEREAS, the Council has reviewed the proposed budget and is of the opinion that the Town government can operate for the twelve month period beginning July 1, 2009 to June 30, 2010, with the revenuesandexpenditures contained in the attached budget; and, WHEREAS, any funds appropriated in this budget to any Town department may be used as participating funds in any I"ederal Aid Programs for like purposes, with the prior approval ofthe Town Council. NOW, I I'HEREFORE, be it ordained by the Council of the Town of Vinton, Virginia, that the budget for the fiscal ge ar beginning 1, 2009 and ending .lone 30,2010 be set forth herein. Z:� . I Z:� Fund Revenue and Expenses General Fund Utility fund Capital Improvement Fund Adot)tcd Budget $7,628,597 3,059.114 94,284 $10,781,995 13E IT FURTHER ORDAINED that this ordinance provides for the daily operation of' the department of law and the department of finance, and in an emergency. NONNI THEREFORE, BE, IT ORDAINED that this Ordinance takes effectRily 1, 2009. This Ordinance adopted on motion made by Counci ]person, and seconded by Councilperson. AYES: NAYS: APPROVED: Bradley E. Grose, Mayor A-l-FEST: Darleen R. Bailey, Town Clerk 6 Revenues Total All Funds General Fund $ 7.628.597 Utility Fund 3'059.114 Capital Improvements Fund 84.284 Total Revenues $ 10,781,895 Expenditures General Fund: Town Council S 124.745 Town Manager's Office 174.228 Human Resources 76.436 Finance Department 238.233 Police Department 1'838.729 Communications Services 496.333 Emergency Services 4.325 Police Grants 116.165 Fire &EMS 773.228 Animal Control 96.620 Town Garage 64.135 Street Maintenance 1.155.556 Snow and Ice Removal 30.048 Traffic Signs andStreetLighhng 134.205 Street and Road Cleaning 64.787 Refuse Collection 473.697 Recycling 62.904 Municipal Building &Grounds 161.417 Special Programs 141.994 War Memorial 315.523 SwimminQPooVParko 80.747 Senior Citizens Program 115.301 Planning Department 278'324 Economic Development 21.285 Public Transportation 82.200 Vinton Business Center 3.850 Deb\Semice-Genera}Fund 411.318 Transfers 94.284 Total General Fund 7,628,587 UUUtyFund: Utilities Administration 595`767 Water Distribution System 1.002.129 Wastewater Collection System 800.890 DebtSmmims-UU|iiyFund 660.328 Tnansfeo-Uh|ityFund - Total Utility Fund $ 3,059'114 Capital Improvement Fund: General Fund Transfer $ 94.284 Utility Fund Transfer - Total Capital Improvement Fund $ 94,284 Combined Total Expenditures $ 10'781.985 Budget Adopdon-]ndinaoeDetail Document FY10 RESOLUTION NO. 1824 AT REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 19,2009, AT7:00 I'M IN THE COUNCIL CI-IAN113EIIS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton, Virginia is proud to support funding of the beautiful Veterans Monument which will be built on the grounds of the Vinton War Memorial, and WHEREAS, an all volunteer committee, Vinton Vision Committee is coordinating the project and conducting a capital campaign,, and WIIEREAS, this 11101IL1111CIlt will honor Vinton and Roanoke County service men and women, who are currently serving in the military, veterans who have served their country so courageously, and those who lost their lives while serving their country to preserve our freedoms on which our great nation has been founded. and WHEREAS, the monument embraces this theme through it's name "High Ground" and may it become a place of remembrance within the Town of Vinton and Roanoke County, "Honoring Those Who Serve... And Those Who I -lave Served", and NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby grant to the General Fund an additional appropriation to the annual budget I -or the fiscal year ending June 30, 2009, for the function and in the amount as follows: FROM: 200.1899.009 Re -Appropriated Fund Balance S20,000.00 TO: 200.8150,722 Economic Development -Special Project $20,000.00 The foregoing transfer is to provide funds for the Veterans Monument and is to be made payable to the Vinton Vision Colllmitlec- t\,lotion made by Councilman with the folloNving votes recorded: F 'S NAYS ATTI"ST , seconded by Councilman APPROVF,f): Bradley E. Grose, Mayor Darleen R. Bailey, Town Clerk