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HomeMy WebLinkAbout9/1/2009 - RegularBradley E. Grose, Mayor i I Altice, Councilman Carolyn D. Fidler, Councilwoman William "Wes" Nance, Councilman William E. Obenchain, Jr., Vice Mayor I IIIiIIIIIIIIIIIi; III J1II!ilrliiII!l ;1I ll'!Jil I ROM Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 1 Request to Convene in a Closed Meeting Pursuant to §2,2-3711 (A) 3 — Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body In III 1 1111 1 11 11111 gill 11111 lii�w�ll I i I 1!! 1111 Jill 1 111 1 ill I i I D. INVOCATION atim k, rom fell Ill: 1:5 1. Approval of Minutes - Regular Meeting of August 18, 2009 1. Officer of the Month for July, 2009 — MPO Anna Wooten H. CITIZENS' COMMENTS AND PETITIONS I. TOWN ATTORNEY Request to L"stali N1111.1111tijurisdictional Fanlily' Violence Fatality Review TC'11111 — RCSOILItion No. 1839 1 . Request to Approve Vehicle Take -Home Policy 2, Request to Allocate Funding for Chestnut Mountain Utility Improvements — Resolution No. 1840 i 7 REMEMYC01-11 L. COUNCIL !111 1!j 111 !111 11111111111 ;1111 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. 1. Special Events Policy 2. Septic System Study Update 1 System Wide Inflow and Infiltration Study Update 4, Update on Pump Stations I MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, AUGUST 18, 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 E. Obenchain, Jr. MEMBERS ABSENT: William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Adam Swann, Acting Town Attorney Darleen Bailey, Town Clerk Anita McMillan, Planning Director Ben Cook, Police Lieutenant Mike Kennedy, Public Works Director Barry Thompson, Finance DirectorfTreasurer Joey Hiner, Assistant Public Works Director Mark Vaught, Police Lieutenant rAT . ej4jVk$V1 6:15 P.M. — Meet the Artists Reception A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION — Pastor Ricardo Rodriquez, Vinton Wesleyan Church C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D, CONSENT AGENDA 1. Approval of Minutes: Regular Meeting of July 21, 2009 Joint Meeting of July 21, 2009 E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS' COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Petition of Danny and Tammy Dillon for a Special Use Permit (SUP) to Convert a Single -Family dwelling located at 345 S. Preston Road, Vinton, Virginia, Tax Map Number 061.17-01-43.00 into a Two -Family Dwelling — Ordinance No. 891 H, TOWN ATTORNEY I. TOWN MANAGER 1 Request to Approve Re -Appropriation of Funds for Encumbrances from June 30, 2009 J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1 . Report on Walnut Avenue Corridor Improvement Project 2, Vehicle Policy 1 Chestnut Mountain Utility Improvements Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, Roll call, invocation and Pastor Ricardo Rodriquez from Vinton Wesleyan Church gave the invocation and Pledge of Allegiance to U.S, Carolyn Fidler led the Pledge of Allegiance to the U.S. Flag, Flag. The Consent Agenda was approved on a motion by Mr. Obenchain that was Approved Consent Agenda ;econded by Ms. Fidler and approved with all in favor. Mayor Grose announced that sometime in the next couple of months, he wanted to recognize a few folks who have served on the Highway Safety Commission for a number of years, Mayor Grose opened the public hearing at 7:05 p.m. to receive comments and Adopted Ordinance No.891 questions regarding a petition by Danny and Tammy Dillon for a Special Use Permit approving special use to convert a single-family dwelling at 345 South Preston Road, into a two-family permit to allow for a duple.i dwelling. at 345 South Preston Road. The Planning Director, Anita McMillan, noted that the petition had been discussed at length at a work session on July 21 st. She acknowledged that the property was being used as a two-family dwelling when the property was purchased by the petitioner. The property is zoned Residential -Business which allows for a two-family dwelling provided the lot is 12,000 square feet in area and 75 feet in width. Ms. McMillan reported that when the Dillons purchased the property, they believed it had always been a two-family dwelling. Ms McMillan advised that an adjoining lot was sold when the Hardy Road Improvement Project was done which changed the lot in question into a non -conforming lot for a two-family dwelling. She went on to say that it is not known when the original one -family dwelling was changed into a two-family dwelling.. Ms. McMillan stated that the issue with the two family dwelling came up when the Postmaster notified her office that a second address had been requested for the property by the property owners. She noted that at this time, she advised Mr. and Mrs. Dillon that the property would have to meet the current Zoning Ordinance requirements if it is to be used as a two-family dwelling. Ms. McMillan stated that she had advised the Dillons that their only option would be to obtain a Special Use Permit, The Planning Director reported that the Planning Commission held a public hearing on July 91h to consider the request and the four members present voted unanimously to recommend approval for the Dillon's request for a Special Use Permit with the condition that the front yard cannot be used for parking except on the existing driveway. She noted that the Dillons did accept that condition. Ms. McMillan advised that the adjoining owners were notified of both public hearings but, as of this date, no phone calls had been received regarding the request. She pointed out to Town Council that they have the right to require additional conditions to assure that the use is conducive to the surrounding neighborhood. Ms. Fidler asked if the required firewall had been installed and was advised by Ms. McMillan that it would be up to Roanoke County's Building Commissioner to determine whether a firewall needs to be installed after the special use permit has been approved. She added that it will be up to the Dillons to ask for a variance if a firewall is required. Mr. Obenchain inquired as to the earliest date the property was used as a two-family dwelling and Ms. McMillan stated that AEP had advised her that they had added a meter for the upstairs in 1979 and another one was added in 1983 for the lower apartment, She stated that, originally, there were three lots involved, lots 14, 15, and 16 and that the house in question is located on lot 15. She reported that lot 14 was sold to VDOT in the year 2000 as a part of the Hardy Road Improvement Project and lot 16 was sold in 1982. Ms. McMillan explained that before lot 14 was sold, the house on lot 15 met the requirements for a duplex, Mr. Obenchain asked about the square footage for lot 15 and Ms. McMillan informed him that it is currently approximately 6,500 square feet in area. She further pointed out that if the Town had known the property was being used as a duplex, the sale of lot 14 to VDOT would not have been approved. Ms. McMillan reported out that the new owners of the property had made improvements to the property as it had been in disrepair when it was purchased. Tammy and Danny Dillon both spoke in favor of the requested special use permit. During her comments, Ms, Dillon reported that repairs to the house had been completed and both apartments had been rented, She also reported that she had been told by Karla Turman, Associate Planner for the Town, that it the property had been converted from a single-family to a two-family prior to 1990, there was no way to verify that the proper permits had been obtained, Ms. Dillon also stated that she was told that if she could provide documentation that the property was used as a two- family dwelling prior to 1995 and had been occupied as a duplex within the last two years, the use may be grandfathered. She noted that written statements from ASP verify that the accounts were active during that time as well as a notarized letter from a previous owner stating that it had been used as a two-family home from 1981 through June of 2008. She did not feel that granting the special use permit would be detrimental to the neighborhood as there were several other duplexes there. Mayor Grose repeated Ms McMillan's comments that the issue had been discussed thoroughly at a previous work session, He went on to say that the Town is very carful with maintaining the Town's codes and ordinances as every vote by Council sets a precedence. The Mayor asked for assurance from Mr. and Ms. Dillon that they were aware of and agreed to, the proffer that there would be no parking of vehicles in the yard fronting Hardy Road and South Preston except on the existing driveway. The Dillons acknowledged that they had agreed to this proffer. �. '! ! - • ' it IN - -I I j i -• i Mr. Obenchain stated that he is totally against the conversion of single-family homes into duplexes or other multi -family dwellings and that was why he fought so hard to increase the minimum lot requirement. He further stated that he was against an earlier request brought before Council two years ago but given the history of this current case and all of the unknown factors, he felt this request should be approved. use permit should be approved given the history of the property. He felt the Planning Commission did a •##i job on '! In response to Mr. Altfce's motion to approve the requested special use permit, Mr. Obenchain seconded the motion that was unanimously approved by the four members present. Mayor Grose welcomed Adam Swann who was sitting in for Town Attorney, Elizabeth Dillon, Mr, Thompson reported on a request for budget re -appropriations at the end of FY 2008/2009. Mr. Thompson explained that there were outstanding purchase orders in each of the operating funds at the end of the fiscal year and the encumbered expenses were posted as paid in the current budget, He went on to say that it is necessary to re -appropriate the funds in the budget to properly reflect the source of the funds for these purchases, It was noted that at the end of the budget year, there was close to half a million dollars in outstanding purchase orders that were reduced to $314,663; $99,176,38 in the General Fund, $99,694 in the Utility Fund and S115,792.96 in the Capital Improvements Fund. Mr. Thompson reported that unaudited fund balances at the end of the budget year, taking into consideration the outstanding purchase orders, were $3, 096,505 for the General Fund (40%) and S1,055,000 in the Utility Fund (34.47%). He reported that the Capital Improvement Fund was "zeroed out" with $115,793 carry over plus the appropriated fund that was done at the beginning of the year. The total for all funds on July 1s;was $4,152,082, Mr. Lawrence recognized the Finance Department and all of the Department Heads for the work they did to "clean up the books", Mr. Thompson pointed out that the figures he had quoted are unaudited figures so they could change. Adopted Resolution 11o. 1838 authorizingi a • ##- i• i OWN. . 011,0110 li: 11• 4 Mr. Thompson shared numbers he had received with regard to the cigarette tax. He stressed that they were early numbers and did not as yet reflect a trend as it had been only 18 days since the cigarette tax was implemented and he had not begun selling stamps until the second week of July. Mr. Thompson advised that his office sold 19 rolls of stamps during the month of July for a total of 285,000 stamps netting the Town S54,150. He explained that a roll of stamps consists of 15,000 stamps. Beginning August ls', each retailer was required to make a floor count of their cigarettes, report the count and pay the Town $.20 per pack for their existing inventory. He advised that the vendors reported having a total of 106,663 packs of cigarettes which would bring in $21,333. He went on to say that as of the 17th of August, an additional 14 rolls of stamps were sold bringing in 539,900 in additional cigarette taxes. Mr. Thompson reported that a grand total of 495,000 stamps have been sold netting $115,383 in cigarette tax. He stressed that he felt that part of these numbers was a result of the start-up of the tax. Mr. Thompson advised Council that he will keep Council updated on the revenue stream as a result of the cigarette tax and will make another report in September. Mr. Obenchain moved to adopt proposed Resolution No. 1838 authorizing a budget re -appropriation for encumbrances at the end of FY 2008/2009. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote by the four members present, Mayor Grose announced that he had received a letter from Toni Philpott resigning from the Highway Safety Commission as he had moved out of Town and was no longer eligible to serve, according to the by-laws. The Mayor also acknowledged a letter he had received from a citizen complementing the Vinton Police Officers who had arrested her for a DUI for the professional manner in which they handled the situation. The officers involved were Officers Chieppa and Cooper A Boy Scout, Michael Reid was acknowledged and it was noted that he was attending the meeting in order to qualify for a merit badge. Mayor Grose adjourned the regular meeting at 7:50 p.m. KT*T.WT'9• � Report on WZ11111LIt AWnLIC COITid0l- 1111PI-ONT111CIlt Proiect Nlr. Lawrence reported that there had been progress on the %VaInUt 1\VCnUC C01-1-001- Z_ Improvement Project as well as some changes in the scope ot'the pro . icct. 1-1c stated VDOT and the Public `IVorks Director have been working to see %vhat can be done with the money available, iMr. Kennedy reported that there were a number of VDOT Locality Programs firom which the Town call benefit; the first, Urban Maintenance. known commonly its street payments to off set costs for street maintenance to those Streets that meet VDOT requirements. He noted that the Town receives about $973.000 per year from VDOT Im those costs. Mr. Kenned\ noted that another program from which the Town benefits. the Revenue Sharing I I is g Program. Fle noted that those ftinds \\,ere rCCeI1IlN` LISC(I to pave Mountain View Road on a 50/50 cost sllare Mr. Kennedy stated that Ile would be l6cusim, on Urban Construction this evcnino but noted I __ I that there wcrc many othcr VDOT programs including one for safety improvements and one J'or economic development. He reported that I'Linding, lor the Urball COnStRiCti011 Progarn would he 80%, t'cdcral. 18% state and 2% local l'undinj,; and the amount the Town receives will be based on POI)Llllt]011 which is the sole criteria. Nli% Kennedy pointed out that all streets are not eligible as Funding is based on Functional classilication which is a federal word for minor arterials or collectors. The Town's eligible tl strects areBy-Pass, Gus Nicks, Hardy Road, Lee Avenue, MOLIntaill Vicw Road, Pollard Street. Viruinia Aventic. \Y'ashlnoton Avenue and Walnut Avenue. He added that to qLlalilN I'or the FundiIng, the work has to be an improvement. Mr. Kennedy dISCLIssed past improvement projects that were done \vith I'unds Crom this program. The Public Works Director reported that this money accrues on all annual basis allowing. the Town to do a pi-qjject every live or six \,cars. He I'tirther reported that the WalliL)it Avelitte project was Iii-st reported to COLIIICil in 2005 and it wits determined at that time that the project ject would be (]one. He went on to say that it would be designed I'm a 25 mile per hour Speed limit (Vell though the current speed limit Is 35 rnIlcs per hour. He explained that the speed Innit is now 35 miles per hour because the pLiblic complained that 25 miles per hour was tot) Slow. He commented that the Town cannot afford to make the road a 35 mile per hour road. t%,Is. F'Jdlcr asked when the speed limit on the road is going, to be changed and IMr. Kennedy replied that the Highway SaJ'ct\, Commission has already recommended Supporting that change. FIC stated that it : Council agrees. he would send OL1t press releases and post signs Im Week prior to chan-im, the speed limit. I curbs. Litters. sidewalks. .Mr. Kennedy stated that the nC\V road would inCILICIC 0,1111 lanes, cm . g bicycle paths, and pedestrian access with the key items being the bridge replacement and the Intersection Improvements at 8 stre& He added that originally, VDOT had advised the Town that the bridge COLIld not be replaced unless It is bLIIh to a standard that totally takes it out O1'thC 1100dWa\1 Which COLIld Cost "IS 111LICh as $5.000,000, Me. Kennedy advised that he was able to "et a determination that since the road was not a part of the national hi-hway System. VDOT would not hold the Town to the higher standard and would permit a bridg that (foes not wholly meet that standard with the Understanding that if the bridge Is everZ�l 6 destroyed by a flood. 11--NIA will not pay Im it. He pointed out that the bridge would continue to flood but there would be channel improvements that would decrease the spread ol*tl)c water that lends to back up almost to 8't' Street. Nir, Kennedy stated that staff' had planned to approach the project in two phases; the first Phase would have been Il-0111 the. City line Ul) to 5"' Street; phase two ol'the project \VOLlld have be'—ftill at 5"' Street and end near the Farmers Market. Because ol'a CLA in tLIMIS. he reported that the project has been cut Into smaller projects, the bridge replacement project and all intersection improvement project it ect with the re Ina i in(, work being done in one or more 1, . protects. He explained that the limits of' the project would be 300 feet to the %\,cst and 200 tect to the east which would provide pedestrian and bicycle access across the creek without haVill(I to Use the bridge. Mr, Kennedy reported that the anticipated cost for the first phase would be 51.4 million which includes a temporary bridge that will be installed 10 the SOLIIII ot'the: existing bridge. He reported that the new bridge Nvould be approximately 50o% wider than the existing bridge, CI ,Mr. Kennedy advised improving the 8"' Street intersection by installing traffic signals that would be interconnected with the railway. ThIS WOUld cost close to $250..000. He also recorrullended keeping the existiInt, 40' rights of'wav so the road would conitortably provide two cast -bound lanes. N,lr. Kennedy stated that %IDOT anticipates they will be ready to advertise for bids by December ol'20 10. He went oil to say that it play be possible to get started on the 8"' Street intersection project sooner than anticipated. following iLli-ther collinlentS on the Walnut Avenue Improvement project., Mr. Kennedy pointed out that the Town was once at a level of $370,000 for VDOT I'Linding accrual per Year but have dropped to S 160,000 accrual per year. He asked the Council members to I-C(ILICSI that the State JCgISIHION transportation as "that's the only solution to making InUch needed improvements to the Town's roads", The Mayor asked If the proposed power line would run behind SOLIAhCrn States and Mr, 11,11'ennedv stated that he thinks it will, He -went on to say that Appalachian lIo\vcr has scliedLI]CCI a Meeting liar September 10 and he hoped to find out then what the route for the Z7 line would be. Nir. Lawrence pointed OLlt that when Appalachian Power is putting In power I g lines. they are LIAM11V Willing 10 work with localities to put in geellways. The Mayor cluestioned whether the Power COrnpallV would consider buildinf, thin portion of the greenway it' the power line crosses at the N S: \V Bridge and the pedestrian traffic rLIFIS Z:� Z7 behind the reSWURIIII and Viking Fence. Mr. Kennedy rcphcd that AlICO might be aiurccablc to that. IMr. Lawrence noted a conversation lie and Nis, Fidler had about property bOL111hi by the Town several years ago with the flood mitigation grant funds. being Used as a pocket park l'or that neidiborhood, He further reported that he \VOLlld put together infornlatioll Im her. Z_ — N Mr. Kennedy noted that incorporatini, street liolitin , and other improvements as a part of the :_- I g Walnut AvCMIC project would make It a better corridor tor the Town. He went on to say that if' there is agreement fi-orn Council regarding the intersection project. the Town COUld proceed with that project which will probably cost approxii-natelv $300,000. I Vehicle Polies' Lawrence reported that the PLiblic Safety Commission met twice to discuss the issue of the Police Vehicle Take 1-4--mic Policy. He noted that the information about to be presented came h-0111 those committee meetings . The Town Manager advised that he met with NIS. l"idler. Mr. Alticc. the Police Chief Can Monday to advise them of what was discussed at the meetings. He went on to sav that he hoped to have the policy oil the September I" agenda Z7 for Counci I `S approval. Chief Cooley explained why lie tcels that police officers should have a take home vehicle. He noted that their vehicle is their most important piece of equipment as it becomes a rollino office" lor a police officer. He also explained that all Officer's duty begins when he steps out of his/her home and octs into his/her vehicle where they spend most of their 12- IlOL11- ClUtV. He added that a police o[licei's vehicle has specialized equipment that has been litted to that particular officer. Chief Cooley pointed out that most police officers have to Work a majority of their days offdue to training, court, special assignment, working special events, etc- which all require the use of' a vehicle. He also pointed out that having the vehicle allows the officers to respond to an emergency fi-orn ]ionic. Chiel'Cooley advised that when police oflicers have take home vehicles, maintenance costs are NCILICC(l by one third as has been shown in a study done by Roanoke City as well as improved gas mileage and CCILlipITIC111 accountability. He also pointed out indirect effects SLICII as decreased Spending Oil Lll-lil'01-111S. trailliffi-I and overtime due to the ability to recruit and retain personnel. While comparing costs f`Or IcaSiffi) VCI-SLIS purchasing vehicles. Chief' Cooley note(] that over the next 10 year period, it would cost approximately $1,000.000 to I)III-Chase vehicles wr-SLIS a cost of $600.000 to lease the same number of' vehicles. POr. Lawrence added that the Police Department would have 10 purchase 25 Vehicles WrSLIS leasing 21 vehicles over the next 10 years, The Chief' reported that there are tIOUr OffiCCI-S Who live OUtSiCIC of` the approved I)OLIndaricS established allowing in officer to have a take-home vehicle, three officers live very close to the boUndary and the lourth officer lives further OLIL He strongly advised that the four ID � officers need to have take-home vehicles, one is a detective sergeant, one is a detective. one is a sergeant and one is a master police officer. Chief Coolcy Nvent on to say that that 11'an officer is hired and he/she does not live within the 15 mile circle or it'he/she moves out of the circle, tile\, will not have a take-home vehicle. Chief' Cooley reported that his department has cut the amount of fuel tile\' Use by approximately 400 gallons per month due to bike patrols, foot patrols, and stationary patrols. Mr. Obenchaln asked ifthe officers used take horne vehicles for contract work they do and Chiet'Cooley replied that Toxii vehicles were used only if they were doing work contracted throw-,J) the Town. The Nlayor noted that the issue would be on the September I" Council meeting) agenda. 3. Chestnut tMountain Utilih, Improvements Mr. Lawrence reported that Roanoke COLIIIIN' has approached the Town regarding a VDOT project at Chestnut Mountain Circle to UpIvade the gravel road at the end of the street. He explained that the County has asked the Town to contribute funds for utility work that needs to be done since the Town provides water and sewer services to that area. He \vent on to say that about 2')0 feet ect of sewer line would need to be replaced as well as 385 feet of a ?--inch ,,vaacr line and 2 manholes, He explained that VDOT ftindS Under the Rurl,d Addition System will not play for utilities as rural roads generally do not have utilities. NIn Lawrence reported that Roanoke County has received a tow bid of $315.000 for the work. He went on to say that initially when the County asked if the TOW11 \VOLIld help fund the project. lie had rcsp()1Idcd that since this Was a County protect, not a Town project.. and the Town does not have any ISS(ICS with the water or sewer lines so lie did not feel the Town should bear any ofilic cost. Mr. Lawrence stated that approNimatcly a month ago, he had received a second request for the Town to consider some level of funding for the pro?lcct. k1r, Allice asked if the improvements are bein',Z), made to accommodate inore hOLISCS and Nlr. Lawrence replied that there were not, N/Ir. La�vrcnce stated that he had discussed the request QXtCIISiVCl)' With the PLIbhC Works Director and the County Administrator and had concluded that because it Was Roanoke County makim', the request and not ar developer, he telt the Town should offer to pay up to $15,000 and no more to assist the County with this project. He recommended that the Town not rcirribursc the COLII11v_ Until after the project Is completed and inspected. He added that the 11-1011ev would COInC out OC111C utility's SLIIJ)lL(S fUnd account. X11r. KCIIIICIINI pointed out that the Town would retain ownership of the line because the Town owned the lines prior to the 1979 agreement. Mr. Altice asked if they should consider installing fire hydrants and the Town Ndanaocr state(] that they were ]lot going to insla)] fire: hydrants as it would require a larger water line which would increase the cost considerably. rVir. Kenricciv aiddcd that if developer came in who Nvanted to build houses there. he would have to inst"ill ariv hydrants and work OLII getting enough water to the Site to meet fire flows. Nir. Obenchain asked if.N"Ir. Kennedy could get a cost difference to install ,I larger water line and Mr. Kennedy responded that if a six or eight inch water line is installed, the Town would have to go Lip very frequently to 11LIsh the water line because the water would goo state as there are only four 11OLISCS that Would be using the line. He stressed that a two inch water line is fully adequate tor the number of houses on the line and the only thing that drives an ciulit inch line is fire flow. 9 I'lic work session ad . journed at 9:27 p.m. AT'll"ST: Darleen RBailev, Town Clerk Al"PROVE-'l): Bradley F. Grose, Nlayor H Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 HERBERT G. COOLEY CHIEF 017 POLJU- PHONE (540) 985-0617 FAX (540) 983-0621 A State Accredited Agency August 24, 2009 'ro: Anna Wootten, Master Police Officer From: Herbert G. Cooley, Chief of Police Re.- Officer of the Month Congratulations' You have been nominated and selected as Officer of the Month for the month of July 2009. In July you were unexpectedly given the task of handling remedial field training. You developed a training plan and conducted scenarios. You made the training realistic and meaningful. Along with this extra duty, You have been required to take on the additional roll of shift supervisor in the absence of Sergeant Doyle, who has been on extended sick leave. You also volunteered your time and patrol vehicle for community policing and public relations events. The extra effort that you inject and into everything you do has not gone unnoticed. Good Work! Herbert G. Cooley, Chief of Police CC: Chris Lawrence, Town Manager Beth Austin, Human Resources Director Mayor and Members of Council Darleen Bailey, Town Clerk ACTION NO.: Resolution No, 1839 I CI M NO.: I.-1 O: f OW11 Council 1•'ItOM: Elizabeth K. Dillon. Town Attorney DATE: September 1. 2009 SUBJECT: Resolution to F'Stablish a NrlLilt ijurisdictional Ftullily Violence fatality Rcvie\v Team ISSUE/11URPOSE: Virginia Code ti 32.1-283.3 permits the establishment. by one or a Combination of locahtles. of violeI ce review teams to eNam]nc fatal fiLimily violence lncidLnts and create a body of information to prevent f imily violence fatalities. It has been proposed that the Cities of Roanoke and Salem, the County of Roanoke, and the Town of Vinton establish such a tcam to gamine and develop information to prevent latllily violence fatalities. ACTION I z E, Q U E ST E'D: Consider adoption of Resolution No. 1839 to establish a Multijurisdictional Family Violence I"atalily Review Team. .1US'I I ICATION: See Issue/PtII•IxOse STA F F CON11N11-NTS: The Chief of Police and the Town Manager support the Towns establishment ol*and participation in such a review team. Adopt Resolution No. 1839, REISOLUTION NO. 1839 AT A REGULAR NUTTING OF THE VINTON TOWN COUNCIL, IIELD ON ` UESDAY, SEP"1'F.MBER 1, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE 'VINTON !MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. IMSOLUTION "ITO ESTABLISI1 A tMULTI,IURISDICTIONAL FANIIIA VIOLENCE FATALITY RE'VIE,W TEAM WHEREAS, the Virginia General Assembfv, upon the request of a task force of the Vir�oinia Commission on family Violence Prevcrition, acloptcd legislation designed to address 111mlly violence fatalities: and W1,11EIREAS, Scctioon 32.1-283.3 of the Chile of` Virginia. 1950, as amended, authorizes localities or combinations 0f localities to establish faIllily violence: fatality teams "to example fatal family violence Incidents and t0 create a body of information t0 hell] preveI1t lamilN' violcn e fatalitics"; and WHEREAS. the Chief* of` P011ce has requested. and the Town Manager has rccommendc(1, that the Council ofthe Town of Vinton establish a family violence latalit,' review team Jointly with any one or more of tllc City of Roanoke, the COUI1t)' of" Roanoke, and the City of Salem: and NVIIEItEAS. the Council agrees that the establishment of such a Review `]cam would SeI'\'e an 1I11pOrtant pltbliC 13Urp0Sc and therefore wishes t0 establish such a team In combinatloll with other localities. NOW THE -REFORM, 13E IT RESOLVED by the Council of the Town of Vinton. Viruinia that: I. The f'anlily Violence Fatality Review ` can) (the "Rcvic\v Team") is hereby created In combination with one 01' 1110re jUrisdlctions Including the City of Roanoke. COUnty of Roanoke. and Citv of Safcnl. 2. The ptlrlaoses Of this Revic\v `team shall be the l'ollo\villg: a. To Cllgage agencies. Organizations and Systems which provide services to victims and perpetrators. to identify gaps in system responses, and provide for increased communication and collaboration amongst the aocncics involved; and b. To operate tondo the asstlnlptiotl that all persons and agencies involved care dccply about preventing violence within the family and operate in good faith. using best jud-uincnt and information available at the time; and C. To evaluate events that ]cad to family violence fatalities: and d. TO OlTer recommendations that will benefit the community and improve public sat'et\, I The fze\,ic,\\7 Team shall have the authority to review the facts and circumstances 3. ol'all I'atal tanilly violence incidents that occur within the member jurisdictions. All information and records obtained or created rcoardino the review of f1italitics shall be considered contidential and shall be eXCILI(led from the Virginia F'recdoin offnIbrination Act. 4. The Review Team shall consist of representatives from the member jurisdictions as set fOrth Section 311 — ) w) 1* It I -?S' '(D) and may include representatives t' oni the loc- I bar. atlorney,) Cor the Commonwealth, Judges, law enforcement officials, criminologist, the medical CM1111iner. 011101* experts in Corensic medicine and pathology, family violence victim advocates. Health department professionals, probation and parole professionals, adult and child protective services professionals, and representatives of family violence local coordinatin(, councils. 5. The members of the Review Team shall serve as Such Without compensation. 6. The Review Taim shall submit periodic reports to Town Council in order for C Council to evaluate the Continued need t'Or the Review Team and its activities. This resolution shall be ciTective from and after the date of its adoption. This I-CSOILItiOn adopted on motion made by Council Member and seconded by COLVICil N'ICnIbCr with the f'ollowing votes recorded: A YFS: NA YS: APPROVED: Bradley E. Grose. Mayor ATTIST: D,,trleen R. Bailey. Town Clerk 1010WHI 2414 The purpose of this Policy is to outline procedures concerning Department take-home vehicles. 1211:12614 The Department retains the right, as owner, to determine how vehicles are used, the personnel authorized to operate, maintenance, and the manner in which vehicles are assigned. In addition the Department reserves the right to inspect any vehicle and its content at any time. 1:10019:491111:1 A. Eligibility and Issuance 1. Officers maybe assigned a take-home vehicle when they have successfully completed the Field Training and Evaluation Program. Assignment of a vehicle is a privilege and not a bona -fide employee benefit and specific conditions will be placed on all employees regarding the use, issuance and retention of Department owned vehicles. 2. Vehicle assignment is at the discretion of the Chief or the Chief's designee. Any assignment of a vehicle is contingent upon (1) the needs of the Department, (2) vehicle availability, (3) satisfactory work performance, and (4) compliance with this procedure. 3. Officers must demonstrate that their primary residence is within a 20 (15) mile radius of the geographic center of the Town of Vinton unless otherwise approved by the Chief of Police. All officers who are assigned a vehicle at the time of implementation of this General Order ("grandfathered officers") may qualify for this program without meeting the 20 (15) mile radius requirement. However, any grandfathered officer who moves his/her residence must comply with the requirement to be eligible for the program. ' 4. An officer's primary residence will be determined by a specific numerical and street address and the place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return. 5. Employees seeking to reside outside the 20 (15) mile radius and participate in the program will request written authorization from the Chief of Police. The Chief of Police retains the final authority in determining an acceptable response time for personnel who request to live outside the 20 (15) mile radius. B. Utilization 1. The use of police vehicles off -duty is intended to provide an increased visible law enforcement presence and additional resources within The Town of Vinton. While operating those vehicles, employees will avoid actions which could be perceived as improper or unsafe. Vehicles will be operated according to all applicable state laws. 2. Officers are expected to maintain a high professional standard while operating vehicles off -duty and will use discretion in the clothing worn while operating any police vehicle. Off -duty dress, while operating a Department vehicle will be appropriate to effectively perform a police function while at the same time presenting a favorable image to the public. Draft 3, Officers may utilize the take-home vehicle to conduct limited, minor personal business while going to and from work during off -duty hours. Officers should not use the take-home vehicle as they would a personal and/or family vehicle. It should not be used for vacations or extended personal business. Prudent discretion is advised while conducting these activities. 4. Officers may use the take-home vehicle to travel to and from secondary police related employment. (Employment contracted through the Town of Vinton and approved by the Chief of Police or designee). Officers will obtain approval from their supervisor when the vehicle will be used in other than a fixed -post capacity during any non -Department scheduled activity. 5. Officers are prohibited from utilizing the take-home vehicle to travel to and from any secondary non -law enforcement employment, or to facilitate any non -enforcement secondary employment. 6. When operating the take-home vehicle, officers will monitor the appropriate police radio channel and will notify the Communication Center when responding to a call for service or when conducting police business. 7. Officers and passengers will wear a safety belt at all times while vehicles are in operation. 8. While operating a vehicle off -duty, at a minimum, officers will carry the following equipment to answer critical calls for service: a. Department issued handgun or Department pre -approved handgun, b. official police identification and credentials, c. handcuffs, d. flashlight, and e. current traffic summons and report forms. C. Answering Calls While Off -duty 1. While operating a vehicle off -duty, officers are expected to provide the necessary professional assistance or service to individuals or officers in need. 2. In addition, the following regulations will govern officers operation of a police vehicle off -duty: a. Calls Involving Life-Threatenina Situations — Response is required to any life - threatening call for service if, after assessing probable response time, the off -duty officer expects to arrive before other dispatched units. b. Calls Involving Non -Life —Threatenina Situations — Officers will relay their location and response status to the shift supervisor who may authorize their response to a routine call. c. Traffic Violations — Officers may stop and cite motorists for traffic violations within the same jurisdiction as allowed while on duty, d. Motorist Assistance — Officers are expected to offer assistance/aid to any motorist in need. Officers need only remain at the scene until appropriate aid is rendered or relieved by on -duty personnel. 3. Off -duty officers, who go in service to respond to assist motorists, handle calls or provide service, will be compensated for time spent. Officers are required to document their time and notify the Communication Center of their activity. 4. While on -scene of a police incident, off -duty officers are not required to assume the role as the primary unit. Officers who anticipate being on -scene for an extended period of time will notify the on -duty supervisor of their status. 5. Any off -duty use of a vehicle which compromises the professional image of the Department may be considered cause for revoking the take-home vehicle privilege. D. Transporting Passengers While Off -duty 1. Officers will be responsible for passengers' appearance and conduct while operating a vehicle off - duty. Prior approval will be obtained from the Chief of Police, or the Chiefs designee, before transporting any passenger(s) outside of the Town of Vinton. 2. Occupant safety will be first priority in both vehicle operation and response to calls for service. Officers will leave any passenger(s) at a secure location prior to responding to a call. E. Civilian Use of Police Vehicles 1. Civilian employees, when authorized, may be issued a Department vehicle not normally recognized as a police vehicle while conducting Department business. 2. When vehicles as described above are unavailable, the civilian employee will drive their personal vehicle and will be compensated for mileage at the current rate established by the Town of Vinton Finance Department. F. Parking and Storage 1. Officers participating in the take-home vehicle program will park the take-home vehicle at their primary residence when it is not in use. 2. Employees who are not participating in the take-home vehicle program and who need a vehicle to perform their duties will be assigned a vehicle for use while performing official Town of Vinton Police business. 3. Department vehicles will be returned and stored at the Department when the following conditions exist: a. the officer is assigned to light -duty, b. suspension from duty, c. maternity, paternity or extended sick leave, and/or rpm, i I d. as a result of a administrative action. 4, When a vehicle is parked, out of service, or the officer is not within the immediate vicinity, officers will ensure the contents of the vehicle are locked and secured and all weapons, portable radios, and/or police identification are removed from the passenger compartment. G. Maintenance 1. Officers are responsible for the preventative maintenance, emergency and nonernergency repairs, and the interior and exterior appearance of their take-home vehicle. All maintenance and repairs shall be documented and reported to the Services Lieutenant or to the on -duty shift supervisor when the Services Lieutenant is not available. 2. Officers will make appointments for scheduled maintenance at the required intervals through the Town's Public Works Department. Only the Town's Public Works Department will work on Department vehicles unless precluded by an emergency, prior agreement, or warranty service. 3. Roanoke County's Radio Shop makes repairs or upgrades to the radio equipment and emergency lighting, and Roanoke County's Information Technology Department makes repairs or upgrades to the computer equipment. Such repairs or upgrades should be coordinated through the Services Lieutenant or the on -duty shift supervisor when the Services Lieutenant is not available. 4. Officers needing emergency repairs (when practical) will contact the Town's Public Works Department or the Services Lieutenant or on -duty shift supervisor when the Services Lieutenant is not available. Flat tires are not an emergency and will be changed by the officer. 5. In the event a Department vehicle is taken out of service, Dispatch should contact a wrecker service that will tow the vehicle to the Town's Public Works Department unless otherwise directed by that department or the Services Lieutenant or the on -duty shift supervisor when the Services Lieutenant is not available. It is the responsibility of the officer or the on -duty supervisor to properly secure the vehicle 6. Any additions, alterations or upgrades of the internal or external design and/or equipment must be first be approved by the Chief of Police or the Chief's designee. H. Damage to Vehicle 1. Damage to any Department owned vehicle will be reported upon immediate discovery to the Services Lieutenant of the on -duty shift supervisor when the Services Lieutenant is not available. All maintenance and repairs shall be documented and reported to the Services Lieutenant or to the on -duty shift supervisor when the Services Lieutenant is not available. 2. When a damaged Department vehicle is in need of repair, officers are responsible for contacting the Town's Public Works Department for repair to obtain a repair facility and are responsible for coordinating the repair if the repair is to be undertaken by a facility other that the Public Works Department. I. Operation During Inclement Weather 1. The Department has four wheel drive vehicles available to support the Department's response during times of inclement weather. Draft 2. Four wheel drive vehicles may be pooled during times of inclement weather to ensure primary delivery of police services and the transportation of critical personnel to and from the work site. 3. Deviation from the standard response protocol to calls for service is expected during times of inclement weather when there is a heightened potential of risk to the citizens, officers and equipment. 4. The standard response to calls will be handled without modification. Any deviation from the standard response to calls will be the responsibility of the shift supervisor 5. The Chief of Police is responsible for ensuring critical police services can be provided. 6. Officers may provide travel to and from work for critical Town personnel, ACTION NO: Reso. 1840 ITEM NO: J.-2 TO: TO %VN CO U N C 11, FROINI: Christopher S. Lawrence, Tow-ii Manager DATE': Au('Llst 27. 2009 S 1) 13, J E CT: ClICStIlUt MOLIntain Utility Project ISSUE/PURPOSE: Roanoke C(-)Liiit\, is currently working on a road improvement project with VDOT for Chestnut Mountain Road. This project includes the creation of CLII de sac at the end of the road, which is currently gravel. The road improvements necessitate relocation OF lhc' water and sewer lines to ineet depth standards. The water and sewer lines are owned by the Town and Will C01-IfirILIC to be maintained by the Town. The total pro'ect is approximately $100.000 InclUding J _, the road, water, sewer. and storm water improvements. The County has received a construction bid of $35,000 tor the water and sewer fine improvements. he Comily has requested that the Tmvn consider sharim, this cost f'()i- the wilily improvements of overall project, ACTION RI QUE'STED: Town Council sIpprove the resolLitiOn allocating $15 .000 to relinbUI-SC Roanoke County t`6r the water and sewer Utility imprOVernents related to this project. The following conditions are recommended: The Town Of Vinton will reimburse Roanoke County $15.000 of related expenses once the water and sewer fine construction has been completed, inspected by Vinton Public: Works, and accepted into the utility system. Roanoke COLinty shall submit a copy of the construction invoice for reimbLII-SCITIC11t. Upon completion of the project, the water and sewer line will continue to be owned and operated by the Town of Winton as part of the overall utility systern, FISCAL IMPACT: $15.000 to be allocated to project Crom the LJtiliiv Fund's unencumbered I'Lind balance. DATE ACTION NEEDED: September 1. 200Q RESOLUTION 1840 ATA REGULAR IMEETING OFTHE VINTONTOWN COUNCIL I-IELD ONTUESDAY, SEPTIC IMBE'R 1, 2009, AT7:00 PNI INTHE- COUNCIL CHANIBEIRS OF TILE VINTON NIUNICIPAL BUILDING, 311 SOUTI I POLLARD STREET, VINTON, VIRGINIA WHEREAS, Roanoke County is currently workim) on a road improvement project with VDOT l'or ChCStIlLit MOLHIWill Road. I WHERE -AS, this project ilICILIdes the creation of' a cul de sac which is currently gravel and necessitates relocation of' the water and sewer lines to meet depth standards. Thcse water and sewer lines are owned and will continue to be owned and maintained by the Town of' Vinton. \VI -I V R EAS, the total project is approximately S100.000 including the road, water, sewer, and storm water improvements, Roanoke County has received a COnStRICtion bid of $35.000 far the water and sewer line improvements. Roanoke Count\, has requested the Town consider sharing this cost for the Utility improvements of this project, W11FREAS, The Town of Vinton will reimburse Roanoke County tip to $15,000 of' related e,\[)Cllscs once the water and sewer line construction has been completed, inspected by Town of Vinton I'Liblic Works. and accepted into the Town of Vinton Utilltv S-vstem. Roanoke County shall submit a copy ol' the construction UIVOICe(S) 60'r reimbursement, \V1.11EREAS, The Town of Vinton. Up011 completion of' the project, will continue to own and operate the water and sewer fine as part of the overall utility system, W11FIREAS, anadditional appropriation o'$15000 from the Capital Project un-appropriated hind balance will need to be made to ChCStlltlt MOLIntaill Utility Project 400.9105.789. NOW, THEIREFORE-, BE IT REISOLV E'D that the Vinton Town Council does hereby approve the flollowing appropriation. FROM: 400.1899.010 Re-Approlviated Fund Balance S 15,00t) TO: 400.910-5.789 Chestnut Mtn. Utility' PmJect S I zs,mm .vlotion made by Councillm-son seconded by Councilperson With the hollowing votes recorded: Z-- .A Y I � S: NAYS: YS: APPROVE,D: Bradley F. Grose. Mayor ATTFST: Durleen R. Bailcy. Town Clerk Town of Vinton Special Event Policy In structions - Hiank you 1`6r your interest in holdim, a special e-vent in the Town ot'Vinton. Friclosed are the Materials needed to obtain a Special Event Permit for )'Our UPCOIning, event. ])[case follow the application directions very carefully. These first three pages should be removed from the completed application and kept by the event coordinator for reference. Also, an application checklist is included on pal,)c three of the instructions for further assistance. Some of the information will not appk 10 vOUr SpCCitIC event. However. no Special Event Perrilit will be issued Without submittal ol'a signed application (See the bottom of page 4 of the application) and requested documentation. Your event must have final approval ol'the Town ol'Vinton Town Manager and in some cases the Town CO LI 11 C 11. Your event will be assigned to the Special Programs Director who will assist you OirOUUIIOUt this process and will he your primary contact. You will be notified by your primary contact person if' your event requires additional permits such as a: tent permit, temporary tood permit, electrical permit, or liquor license permit, which must be obtained before you can receive a Special Event Permit. Requirements an(I Conditions 1. Compliance with Town ordinances. 'I'lie applicant shall comply with all applicable Town ordinances, codes, conditions., and requirements. 2. Compensation for ToNvn Staffing. Depending on attendance, the Town may require Town personnel including Police and/or lire. at the function. All Town personnel inwIved In advance Of! duringand afier, the day(s) of the event may be charged back to the sponsoring agency. The Town shall determine the number of personnel necessary to ensure the safety of participants, minimize the inconvenience to our residents, ensure the SUCCOS Ot'thC event, and reduce the public liability exposure to the sponsoring agency as well as the Town, The bill will be transmitted to the sponsoring agency within thirty (10) days after the completion of the event. 3. Food and Beveraue Service. No tood or beverages shall be sold or given away at the outdoor event. unless approved by the Virginia Department ofl-lealth. 4, Ellectrical Power. The Town will provide reasonable 3111OLIMS of electrical power, It' available. It'not readily available. the event organi/er Should make provisions for electrical power I'Or their specific needs. 5, Miscellaneous ,I, Street closures arc generally not permitted iMonday to l"riday From 6 a.m. to 6 p.m. to minimize Inconvenience to down1mvii residents and businesses, b. The Town of` inton is not responsible lor any accidents or damages to persons or property resulting, from the issuance ot'a Special Event Permit. C. The Special Event Permit is non -transferable and can only be used on the designated dates and times as printed and is required to be posted oil site during, the event. d. The Town ot'Vinton reserves the r1olit to suspend. cancel and/or reschedule events. The event coordinator is responsible for eIISUriM,1 that the ort aniz ition anti A all participants 4 and spectators abide by all the above conditions, ordinances, codes, and requirements. DRAF'T fl—) Created oil 8/28/2009 1) Purpose It is the purpose ofthis document to establish a process for permitting Special Events conducted on ToNvii streets, public property, or facilities. It is recognized that these Special I'vents enhance Vinton*s quality of life and provide benefits to the citizens through the creation of unique entertainment venues that are not normally provided as a part of oox,ernmerital services. Additionally, it is recognized that tax-c,-\crnpt, non-profit organizations that benefit the community are central to the quality of life in Vinton. From time to Orne, it is necessary through holding their special events; these organizations gain the resources to provide essential services to the citizens of the Town ol'Vinton. It is further intended to provide coordinated policies for the regulation of certain activities to be conducted in conjunction with special events, to ensure the health and safety of patrons, to prohibit illegal activity from occurring within these events, and to protect the rights and interests granted a Special Event Permit. It is further intended to create a mechanism for cost recovery for special events without having all adverse effect on those events that contribute economically and socially to the COMM Lill it\,. 11) Definitions AS used in this Policy: (a) "SImcial Event" inearis an activity that meets any one of following definitions: Any activity sponsored by an organization or individual for profit or non-profit, other than the Town of Vinton, held on public property and designed for entertainment, competition, amusements or social, ethnic, religious and/or Cultural awareness that: I ) requires restricted Or CXCIUSiVC Use of any Portion Of Public property. including but not limited to roped lawn areas, stages, tables, bleachers, tents. temporary barriers and/or boundaries-, and/or 2) impedes the normal flow oftraflic; and/or 3) impedes the enjoyment or use of the property by the gencral public, and/or any organized activity i i conducted by a person, organization or company Oil allV public property or I'acility that plans to sell alcoholic beveraocs. Such events require a Special Event Permit issued by the TONVII. (K) "Commerciol SI)eci(il Event" means any Special Event organized and conducted by any person.. organization or company that does not qualify as a Tax-exempt Noti-prol it Organization or governmental agency. (c) "iN'(iii-Ci)iiiiiiei-cial,5peciaI Event" means any Special I'vent organized and conducted by a person, organization or company that qualifies as a Tax-exempt Non-profit Organization. 1) To writ -Slio i ts o red Special Ei!en t " means a n y Special 1; v e n t directly organized and conducted by the Town of Vinton or any Special I'I'vent organized by a Non - Commercial Event Organizer that the Town has elected to Support through appropriation of funds within the Town's bUdOet. Pleo.ye Yee .4 ddendum 1,16r the Hsi of recogni--ed events, DRAFT 43 Created on 8/28/2009 (e) "To wit Sul)porfService.v" Services provided by the Town of Tinton to ensure that to protect the safety, health. propcoN a special event is conducted in such a\\`1)' as and general SCCUriiv of the public and integrity of' public grounds, Services may HICILICIC SCCLII-*t\/pOfiCC, pLIhJiC works, set-up. clean -Lip. event constiltim, etc. "SI)ecial Events Directorr" Staff person, or designee. responsible lor overseeing the application process and obtaining acceptance or denial based on input from appropriate Town departments. The Special E'vents Coordinator will act as a liaison between the Event Organizer and affected departments within the Town of Linton as Inav be necessar\% "Event Organilzer" Ilersorihs desi,matcd as the authorized head of org i Z7 -anization or indiViCILKII responsible for the proposed event (1i) "Pit blicAssembli, " Any mccling, demonstration, picket line,. rally or gathering as defined by the Town's Ordinance that does not require restricted or eXClLISiVC Use of portion of facility as a Special Event. (i) "Ticketed Event" Any Special Event in/on aTown fiacility/propci-ty that requires a fee to be paid by a patron to enter or participate in the event. [ 0 Examples of Special Elvents include, but are not limited to. concerts.. parades, circuses, Jairs, festivals, community events, mass participation sports (Sikh as. marathons and running events, bicycle races or tours. etc.). (k) "Cost Recover" means direct payment by an I-A-crit Organizer to the Town in compensation for the direct costs of"l-own Services incurred during the Special E'vent. (1) "Special Event flernlit" IncanS a pC11111t ISSLIed by the Town which authorizes the use ol'a public property or 11icility for a Special I'vent. (m)"Special Event Venue or E'vent Venue" means that area Jor which a Special E'vent Permit has been issued. (n) "Street" means a way or place ofwhatevcr nature, publicly maintained and open to LISC 01'111C public tor purposes ot'vehicular travel. (o) "Tax-exempt Non-profit Organization" means an organization that is exempted L� from payment of income taxes by federal or state law. (p) "Vendor" means ally Person who sells or offers to sell any goods, food, or beverages within a Special Event ReVCIILIC. Z�, DRAFT JV3 Created on 8/28/2009 (q) "Gross Revenues" ilicans the sum ol'all rcVCIlLles received by an Event Organizer for a Special E'vent. including, but not limited to, cash receipts, licensing, sponsorships. adwrtising and similar revenues, and concessions. (r) "Alcoholic Beverage Event" means all organized activity conducted by a person, organization or company on all\, PL]b]iC property Or facilih% identified in this doCUrimit as a town owned property. which plans to sell alcoholic beverages. (s) "Beer/Wine Garden" a defined area for serving and consuming beer and/or wine during an approved Special E'vent, I his ar,:a 1,; cojfl-md to the Market J),1% Hi011 110 ld.jWC11t jiirkinu lot, III. Criteria for Evaluation The criteria k-)r evaluating and scheduling community festivals and special events are as follows: • Completeness ol'application and event layout. • Impact and cost of the event on public health. welfare and safety. • Impact I'llid cost of the event on Tow-11 support SCITIces, • Impact of the event on the environment, • Frequency of same or similar cvent(s) as well as potential colifficts With PrQViOLLSly approved events. • Impact oil the surrounding businesses 01' residences. • Ability f'Or the location to remain open to users. • Perceived benefit ofevent for TOW11 01'ViDt011 community. • Likelihood ot'participation by Town of Vinton citizens, • Previous history ot'cN,cnt organizer in facilitating special events. • Ability of event organizer to achieve goals set forth for special events. All applications shall be submitted to the Special Events Director. The Town will review 661- Completeness and appropriateness and iSSLIL a written approval or denial of the application within 30 days ol* receipt of complete application, The Town Manager is empowered to approve or deny the application based on the Town's evaluation criteria. approval may include conditions or stipulations intended to address or rnitioate any POWIllial iSSLICS. Written appeals to decisions made by the Town Manager may be presented to Town Council, within 15 calendar days ofsaid decision. All written appeals shall be heard by Town Council in its normal course ot'business within 45 days from receipt. TTheTOWII'S failLil-C to comply with the above mentioned timeframes will not allow Lill applicant to LISC a tacillty. these tiniefrarnes shall serve as a guideline to keep the process moving). IV. Classes of Speei-C-11 Event Permits Class A Permit: A special ovent that is expected to draw an approximate number of' spectators and participants that is more than 5.000 persons within a C011SCCLItive 24-hour time period, DRAFT P") Created oil 8/28/2009 4 Class 13 Permit: A special event that is expected to draw an approximate number of spectators and participants that is between 2,501 and 5,000 persons within a consecutive 2-1-110ur time period. Class C Perinit: A Special ]':vent that is expected to draw an approximate number of spcet.itors and participants that is between 2,001 and 2.500 persons within ,I consecutive '14-hour time period. Class 1) Permit: A Special f vent that is expected to drawl an approximate number of spectators and participants that Is 2.000 persons or less within a consecutive 24-hour tiIme perlod. T c Town rL'.5'C't"t=es the right to be the final trwhor ii.v regarding C'.5'lItT1CIies o catet7tlC nee. V. Application Process The Town of Vinton ];vents Director must receive a completed special events application, event layout, and all ices if'applicable no less than 90 days ifalcohol \rill be served or a Class A or 13 permit, and 45 days for non -alcohol or Class C or 1) Permit. and no more than 12 months prior to the proposed event. Applications should be mailed or delivered to: Town of' Vinton, Special ]:;vents Coordinator. 311 South Pollard Street, Vinton. Vir,nnia. 24179 f . fiees Fees and Deposits are as follows (to be paid at least 90 days prior to event): Processing Fee S25 non-refundable (regUired by all applicants; to be included with application) CLASS PER NON 12FFUNDABLE REJUNDABLI.; INSURANCE 1:VF N'T FEES D17,I) )SITS/ Rl"QUilu.-Imr-NTS FEES Permit Fees Town Charges Other Charges Combined single - (Damage, etc) limit per occurrence CLASS A S2,000 `1'131) 51,000 S1,000,000 CLASS 13 Sl,000 T131) S1,000 $l,()0(),()()0 CLASS C S SO() T 13 D S500 S 1,000,000 CLASS 1) S 300 T131) 5_500 51,000,000 Checks P.i}•able to: 'Coon of Vinton (The I)errrrit.fee and dej)osit,fe es• .shoidd be s11137nitted (lrt sel)(wate certified checks, cashiers checks, inoneY orders (tr crisp only.) The Permit and Staff* fees are Izon-refundable, Other 1"ces and Deposits will be returnee] in full provided that the propeny is left in appropriate order and no damage is reported. F Iilure to eornl)ly Will I-CSL)lt in loss of'deposit, liability for repair and/or additional clean up fees as determined by the Town'. as well as potential denial of fLI(Ltre appllCatiOns. DRAFT il> Created oil 8/28/2009 5 VI) Town Owned Venues for Special Events All Special F`vents are permitted only at the fOIlO\ViMI public Event Venues: P l"armer's iMarket; or • Dovntown streets including and limited to: • Lee Street • Portions of"A'alnut Avenue • -North and South Pollard Street • Portions of Maple Street • Portions of'\Vashington Avenue • Certain Streets identified for Nei-liborhood Block ]'allies or Nei-hborhood Watch Group meetings \111)) Issuance of Town Services for Special Events 'I ile Town maY provide set -vices for a Commercial or Non -Commercial Special Event, it' provisions are made with the 1"Nent Organizer for Cost Recovery. The Town may provide services in direct SLIPPOrt of Town -Sanctioned Special Event. SLICII SUPPOrt will be in the lorm ofrelief from all or a portion ofToVvn Services costs. An Fvent Is granted Town -Sancti oiled status 0111), when approved by the 'town COLHICH. The Town will provide services in direct support of a Town -Sponsored Special 1`.'vent. it' the funds to offset Town Services costs are within budget limitations of the Twxri and it' the Fown Manager finds that a public I)LIJ-POSC will be served. The Town reserves the ri,,ht to determine necessary staff requirements. Support of Town stafl'(I.e. Police — security and traffic or I'Liblic Works - clean-up and set-up} beyond their 1101,111al daily routines may, be obtained by noting a request for assistance on application. Additional costs beyond the permit fee and refundable deposit will be quoted based on estimated 11OLIN OfserVice and availability; however! applicant will be responsible for actual hours of service required. I f'thcrc is no request noted oil application, event organizer will be responsible for obtaining necessary staff. as approved by Town, to CIISUrc proper event management and abidingby all policies and guidelines. 11 es. Whenever a Special F'vent is conducted without a Special Event Permit when one is I-C(ILlired. or all Event is conducted in violation ofthe terms of an iSSLIcd Special Event Permit, the Event Organizer shall be responsible for. and the Town shalt charge the Event Organizer lor the cost of all Town Services. 11111) Use of Town Logo or Name Prior authorization from the Town Manager is reCILlired Ior all Event Organizer to use the words. "The Town of, Vinton" or "Town ol'Vinton" or a I'acsimilc of the official logo of theT0\vn of %I111101). in the title and/or promotional materials of a Special Event. The TOW"ll CIOCS not aUth0riZC LISC of 10"0 Cor all\,, portion of an event that promotes aIC0110lic beverage COIISLHIIP6011. Z:� DRAFT i.!3 Created on 8/28/2009 6 1X) Elffeet of'Receipt of Donations on Status of tax-exempt Non -Profit Organizations A tax exempt non-profit Organization sponsoring a Dion -Commercial Special I -vent may acknow1cd-c the receipt ol'cash or in -kind services or goods. donations. prizes or other consideration from tor -profit organizations without causing the Event to be considered a Commercial Special l".'VCIlt. Such acknowledornent May Include use Ot'thC IlarnC. trademark, service mark Or 10-0 Ot'SUCII 0 for -profit organizationI in the name or title of tile l'-'vent or the prominent appearance ol'the same in advertising or on collateral material 'ISSOCiatCd With the FVC11L X) Ticketed Events For all ticketed events. the organization shall abide by the Town of Vinton Ordinance rcuardlni) Admissions Tax (Article VI ol'the Town ot'Vinton Code of'Ordinances) and State law references: I-,.\cise tax on adniissions. Code ol'Virtlinia, 3840. § 5 8. 1 Town reserves the right to Conduct all audit of applicants revenue in order to verify aIllOLIY11 to be paid to Town. X11) Insurance A comprehensive liability insurance policy with at least one million dollars (S 1,000,000) Willbined sillolc limit coverage per Occurrence lor bodily injury and property darnal.,,e with ,in endorscincrit naming the Town of Vinton. specifically and separately, as an additional insured under the policy is required. Do not include any specific department or person, A certificate Of'111SUraricc is to be provided to the Special I]vents Director no less than 14 days prior to the scheduled event. 11'an event is approved. it will be approved pending 1'eccipt 01*111C Insurance certificate. The insurance agency must be licensed to do business in the state of Virginia. The company providing insurance must provide at least thirty (30) days written notice of Cancellation or termination. if such cancellation 01' termination of the policy is to occur prior to the indicated expiration date oil tile Ike of 111C ccrtilicatc. In the event of any chanucs or cancellation in the policy, the Town of Vi[11011 Must be notified by certified Illail. X11) Release and Indemnity Each applicant must execute the attached release and indemnity agreement. Applicants Must demonstrate that they are either personally or organizationally responsible for liability: Will guarantee orderly behavior will underwrite in\, daniage due to LISC Ot*tllC premises. Liability is assumed by the applicant in regard to any personal or property darilaue nsill!) out ol'activities ol'the applicant. It is the responsibility ol'the applicant to read the application 1,61-111 corilpictely and understand full), his/her responsibilities. X111) Parking Participants must adhere to all parking regulations. I"or I"arnict's ivlarket events. public parking is available aloni, Lee AVC11LIC. parking lot between the Vinton Post Office and arIller's Market, behind the municipal building and the parking lots at the Vinton Health Department during non-bLISilICSS hours. F'vcnt organizer must secure additional parkiiw, I'Or larger events as well as ti*tiiispoi,tati(iii/slitittle routes tbr off' -site parking, both of DRAl"T 13 Created on 9/28/2009 7 WhiCh 111LISt be approved by the Town of Vinton. L'vent organizer may not char-c for parkino in public spaces. All printed publicity MUSt 111CILIde a diagram indicating 'Wailabic parking, The Town will help the event organizer to make every reasonable attempt to accommodate ADA requesthiceds, XIV) Alterations to Facilities i\ltcrations to faCIMICS HICILIdin" the attaChn"IC111 or inst'allation of decorations and displays are prohibited unless written permission has been received from the Town. Construction and installation of SpCCial SCI-ViCC f1lCilitiCS ITILIsi be approved in writing prior to the event. Damage to any structure or plant material \vIII be billed to the organization at full replacement cost. The Town withholds the right to regulate placernem and method ot'placernem of items or structures in any Town facility. Any tents erected 111LIst be SCCLIred with a weight system and shall not be SCCLIred -with stakes or any other means that would require installation into asphalt. XV) Revocation of Permit The Town shall have the authority to revoke any permit upon violation of the conditions set I'Orth herein "Ind/or where stagino of event would have an immediate and adverse - =� I effect on the welfare and safety of or property. The Chief'ofPolice or his or her designee shall have the authority to close any event Immediately LIP011 violation of conditions set ibrth herein or to preserve safety of persons or property. XVI) Modification of Policies The Vinton Town Council reserves the right to waive. modify. and/or amend said Policies, Partially or in its entirety. at any time solely at the Town's discretion. [his may OCCUr by I'Ormal written action of the Tm,\m Manager or Town Council. DRAFT H') Created on 9/28/2009 8 Addendum I List of Recognized Town -Sponsored Special Events Thcsc events are recoonizcd by the Vinton 'I`own Council as official Town -Sponsored I'vents and are exempt from event permit. non-refundable Town Charges, and refundable deposits fees. after an Initial one time processmj:), fee. The Event Organizer is still t, required to submit a Special Event application and initial one time processing I*ee provided the event does not significantly change in scope each year. 0 4"' ot'July Celebration 0 125"' or subsCCILICIlt Town Anniversary E'vents 0 Halloween Downtown Trick or Treat * Vinton Chamber ot'Commerce Christmas Parade 0 Vinton Chamber of Commerce fall at] Festival 0 Vinton Dogwood Festival presented by the Vinton Dogwood festival Board ol'Directors 0 Roanoke County Enchanted I've New Fear's Celebration 0 Gladetown ReL1111011 0 Nciuliborhood Block Parties (with notification to the Town IN,Iamwer) 0 Neighborhood Watch Group functions (with notification to the TOW11 Manam) L- C� DRAFT ii, Created on 8/28/2009 9 Addendum 2 X1V) Alcoholic Beverages at Special Events Alcohol sales and consumption is permitted only with consent I'MIll the `l`oWll C OLIIIcil in aces}rdance with this Policy. Please note that this process can be lengthy (may exceed 60 days), so plats accordinLuly. Contact the Town's Special E'vents Director for the actual CkItc your written rCCILICst is reC}I fired. It is the event organizer's responsibility to present tllc request to 'I'c)wn Council and to attcilCl any public meetings and monitor the process. 1111 i'eCIl11I'ed licensing and I11S!!I':I11CC pCl'tiilnlng to the SCrylilg-' of alcohol 11111st be obtained by the event organizer, Ill General: The ii)Ilot\ring guidelines are for all Special Events that inelllde serving of alcoholic bcveragges. The purpose 01'1111s policy is to: © f;risure public safety © under-agc possession of alcohol © Prcvent Under-ag consumption © Frisurc adcgdate observation it) help prevent intoxication © f",I1SCli'C e0111I?IIalIC:e With Vll'glllla Alcohol Beverage Control regulations I f Serving and consumption of bees' anti/or Nine only. is permitted at Special Events held oil the 161lowing f'own-owned E�Vent Verities © Farmer's s Nlarket: of © Downtmvii streets irlcluding amI limited to: Lee Street PortloIls of Walnut AVC11IIC `,forth and South Pollard Street Portions of IMaple Street Portions of Washitll7,toll Avenue ')) sly Special Event held oil Town -Owned property serving beer anchor wine shall have a defined arca for serving and consuming beer and/or wine. This defined area, relerred to as ,i Beer/Wine Garden.. may include a portion of or the entire 1_Ivent VCIICIC. a) The Event Organizer must obtain the appropriate license from the Virginia Department ot'Alcohol Beverage Control CVI)All(") alld must toflfilrirl to �111 rules i111C1 1a11011s spf reified by dic VDABC tilt' these ev"Ji£s. 'I f All BecrAVinc Gardens will have Town of Vinton law enforcement officers present dUt'1i1�.? the SCrVill" and C0IISLI1111I1g of beer and/or wine. The Town will deteImine the number of lacy C11601'Celllent pCI'SOIlI1CI retlUil'Cd. j) Alcohol Bcver.we Control training seminars on a "as requested" or "reggularly scheduled" basis t')r all Special Event Organizers planning to sell beer and/or wine at all event. 'Phis training is Mandatory fir Fvent Organizers and their key I_:vent DRAFT i) Created on 8/29/2009 10 Supervisors. All beer and/or wine scr\,ing lc)cations must have at least one trained Z� I"vent Supervisor present dUrini, the sale and serving of bccr and/or Ny ine. 6) All Special I"vents approved to sell beer and/or wine Must provide, prior to the Event. training for the frontline event staff and volunteers responsible for selling and serving beer and/or wine, T) All event volunteers and staff members engaged in any aspect of serving beer and/or wine (which includes but is 1101 limited to checking I g lWs, arm banding, ticket sales., serving and monitoring) are prohibited From consuming alcohol during the event. This includes any server who completes their shift and is requested to return to duty. 8) The Applicant of the Alcohol Beverage Control license, or the Event Organizer in C Z7 charge, Must be present at the FINTIlt Venue during the entire event. The Town requires that every event organizer clearly display the narne or names of their event's F"VC111 SUpervisor(s) in the Beer/Wine Garden during the entire Evcnt. 9) The l"vem Organizer is solely responsibility for assuring that the Beer/Wine Garden is properly supervised and that its event staff has been property trained to servc such beverages as well as understands that it is against the law of the Commonwealth of Virginia to sell alcoholic beverages to anyone who is less than twenty-one years of , age. to anyone that the server knows. or has reason to believe. is intoxicatedor to anyone who has been J'()rbidcicn to possess alcohol by a court ofcompetent dict'file Fvent Oroanizer is responsible foi- advising , the servers that they juils Iion, �7 could t1ace criminal charges for serving alcohol to any above -described person. I O)The f-vent Organizer must implement a system oficIct-itification and distribution as approved by the Virginia Department ot'Alcohol Beverage Control that effectively monitors the C011SUMptiOn of each event attendee. I I ) The 1"vent organizer is solely responsible I'or determining and controtlino access of those individuals Under the ZWC of twenty-one in the defined Beer/Wine garden. he cant ( "lordmalor sli'M advrsc tile 'I �)wn 11 the time ()I the t11)1)11cation as to the action pl.111 1,01- lllideri�,'c 'titc-II&CS, 12) Servim-, of beer and/or wine shall end no later than 30 minutes before the end of any Special Fvcnt. 13) The Town of Vinton reserves the right to deny, cease or restrict. in ant' manner deemed appropriate. either prior to or during a Special Event the serving or consumption of beer and/or wine. Factors governing this decision Will include: • Proposed F vcnt Venue ILI\'OUt & site plan • Number of'proposed beer and/or v6nc serving locations • Anticipated and/or actual number of event attendees • Nature Of the event • History of the event DRAFT /t13 Created on 8/28/2009 11 • Duration of the event • The f-'vent Organizer's ability to provide sufficient event staff • Ability of the event staff to monitor land control under -age consumption PI Concern Ior public satety z Evidence of non-compliance with Virginia Alcohol Beverage Control I-,i\\,s and license, Event Organization Responsibilities Before/During/After the Event Evcnt Setup: During normal workirn, hours, N,londay through F'riday. the Town will stage needed barricades, cosies. tables, chairs, ctc. within the farmers Market area in preparation for the scheduled event. The F'vent Organizer shall be responsible for set-up before the event 1- and fair take -down after the event. At the conclusion of the event, all items shall be 0 returned to the staging ing) location within the Farmers Market area for pickup by the Town durill" normal working hours. Cleanup: Durino normal working hours. Nlon&iv through Friday. the Town will stage needed rvi'Ose containers (5>-gallon-size) within the Farmers Market area in preparation for the -1.,,anizer shall be responsible for providing 55—gallon scheduled event. The I'7 vent 01 providing pkistic bags for the containers and shall be responsible for emptying containers as needed during the event and at the Conclusion of the event, All refuse shall be disposed of'by the Fvent Organizer -he I in the dU.1npStCr located within the Farmers market area. 'I I'vcIlt Organizer shall also pci-l'brin gcncral cleanup of the Farmers Market area to collect and dispose of any trash and debris geticrated during the event. Recycling: The Town promote,., and practices recycliti- as a good responsible green practice with siumilicam benefits to the environment. At the Event Organizer's request the Town will provide containers for collecting recyclabics. Acceptable recycling items include aIL1111irILIM cans. tin cans. and plastic bottles, Such as beverage containers. These recVclahles are the only items that the Town can presently collect. During, normal "101,kim) hours, Moridav through Friday. the Tc)wn will stage needed recycling, collection (:ot-itainers within the Farmers Market area and will remove the containers after the event. The Town encourages the I-I'vent Organizer to use recyclable materials and biodegradable iten)s at their event to PrOMOIC Sustainable, environmentally friendly practices. Restroonis: ThC 1 OW11 will stock restrooms with paper hand towels and toilet tissue prior to the scheduled O'el"It. The Event Organizers shall be responsible fur inaintainino an adequate SUPpIV Of tONVCIS and IiSSUC In Men's and ladies restroorns during the event-, and for providitu-, rvs1room Cleanliness upkeep il'ticeded. Tobacco Use: DRAFT 43 Created on 8/28/2009 12 The Town cricourages a smoke free life style at work and recreation, including during Public events. However. 1* Event Organizers choose to permit smoking at their event, then they shall be responsible to provide safe suitable receptacles for smokers use dUrIng the event. At the conclusion of the event. the Event Organizer shall be responsible for CICaJ)LIP and sale disposal ofcigarctte butts and ashes, etc. Security, Identification and Crowd Control Requirements for the Event St"CURITY: minimum of two (2) Vinton Police Officers Nvill be assigned to in event. Additional officers may be assigned depending on the type of event and the anticipated size ofthe crowd expected based on similar events in the past. The event sponsors shall provide adeqUatC staff to monitor the crowd, report problems, check ID's and issue identification credentials to those meeting requirements to purchase alcohol. Event staff must be dressed in such a manner to be easily recognizable to police personnel and to persons attendino the FLITICI*1011. Event stall vIll have a direct mc:jns ofcortinjunication with the police officers at the event. CROWD CONTROL 0 "Fhe area that has been pre -planned for the event shall be Set LIP in such .I manner -e as not to Linduly restrict the free movement of attendees. Methods to ensw this ilICILide sectioning the area of event in such a way that it call be expanded If the crowd increases. • I'lic post office complex will be allowed Free access and egress by patrons. • Appropriate barricades. cones and sl�)ns will be Set Lip by I'Liblic Works personnel and according to a pre -plan. PATRON IDE-NI'll"ICATION: T that all Persons meetino the reqUirernents to purchase I vent SWA'Will eI1SUI C_ alcohol will he identified by some means to make it obViOLIS to Police Personnel and event staff. Such identification \vIII be placed in SLICh a manner and designed to be easily observed and verified to be authentic for the event. Event staff will check HTs to verify, the person's date ofbirth and ensure that the person - is a-c 21 01- OICICI' in ORICr to iSSLIC identification that allows the purchase ofalcohol. 'Ti le l 11) presented 111LIst be an ofticial i(Ictitification bearing a photograph and issued by iI -overninu body. 1.e. Drivers license, 11) card, etc. Security Deposit efundable security - The Mown may require an Fvent Organizer to Prepay, in the form ot'a I deposit, The applicant will be notified Ol'tl)C SCCUrity Deposit requirement at the time of official response from the Town to the Special Event Permit Application. A Security DRAFT :13) Created on S,/28/2009 I ') DCpOSit 111LIS1 be paid no later than twenty (90) calendar days prior to the start oftlic proposed Special Event. The Town reserves the right to revoke a Special Event Permit 1,61- non-paymcnt ofa required SCCLII'it\l Deposit. A Security Deposit may be required at the Towii*s discretion when: q The F"vent Oroanizer has never belbre hosted a Special Event within the To -,ern 01, Vinton. Z The l"vent Organizer is [lot a resident of` Vinton or is not a business located Within Vinton, The Town's decision on any loss ol'deposit shall be final. DRAFT -,V3 Created on 8/28/2009 14 Staff anti Volunteer Staffinv, for Alcohol Special Events held on Tovvn of Vinton Property ']'lie following will be in place: I . ilo outside alcohol will be allowed in and no alcohol will be allowed out of the beta/wine { arili 11. ?. Where will be an ID cheek tables that will issue wristbands and put an X on the ri-,lit hands. 11) volunteers will check for 21 years and over. 3. There will be a Illiililllulll oI`2 security guards and I event supervisor on IILIt\'. For anticipated lamer crowds the minimum will be increased per instruction ofthe Special Nroorams Director 4. There will be a mininullll Of' I volunteer monitor per 50 attendees to observe tllcnllol bcveraaes sta\ into within the markcd alcohol bevera0e area and overall compliance with Alcohol Beverage gLlidelines, 4 5. There will be tI minimu n of I volunteers checkim, II�'s. 6. There will be a minimum of' I volunteers selling tickets for beverages. 7. 'l here will be a I111111111L1111 ul'? volulitcers serving at the beverage station with I AI3C Manager that has TIPS training. S. Volunteer and stalTare not to drink while on duty. 1). There will be a limit 5 drinks that will be I11arked on the wristbands. A ma\Imtlin of two drinks witt be atlowcd per person to be given out at one time. Last call will he 10 minutes prior to end of the event. 10. As the event increases in size the need for additional volunteers will determined by Special Program Director. 11. Food and soli drinks and water must be available. The procedures are given verbally and written to each volunteer that works. An ABC rlulnagcr 01' lead sei:urity will oversee the precautions. The monitors and stafTwill rove a1't3uI1C1 ChCi 1ti1111 1ni' S11Llatlons that could be in vinlatton and will take action it necde DRAf11' 43 Created on 8/28/2009 15