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HomeMy WebLinkAbout3/3/2009 - RegularBradley E Grose Mayor Robert R Aftice Councilman Carolyn D Fidler Councilwoman William Wes Nance Councilman William E Obenchain Jr Vice Mayor Vinton Town Council Regular Meeting Tuesday March 3 2009 AGENDA Consideration of A 700 PM Roll Call and Establishment of a Quorum B INVOCATION Rev John Ott Parkway Wesleyan Church C PLEDGE OF ALLEGIANCE TO THE U S FLAG D CONSENT AGENDA 1 Approval of Minutes February 17 2009 Vinton Municipal Building 311 South Pollard Street Vinton VA 24179 540 9830607 2 Resolution No 1814 Amending Roanoke Valley Resource Authoritys Members Use Agreement ACTION E AWARDS RECOGNITIONS PRESENTATIONS F PUBLIC HEARING 1 Amend FY 20082009 Budget Ordinance No 877 2 Proposed Rate Increase for Commercial Industrial and Institutional Water Wastewater Service Ordinance No 878 3 Request to Establish Water and Wastewater System Development and New Connection Fees and Charges Ordinance No 879 G CITIZENS COMMENTS AND PETITIONS H TOWN ATTORNEY 1 TOWN MANAGER J MAYOR K COUNCIL L ADJOURNMENT NEXT TOWN COUNCIL MEETINGS March 17 2009 AT 700 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 9830607 at least 48 hours prior to the meeting date so that proper arrangements may be made WORK SESSION 1 Council Vision Statement 2 Budget Priorities 3 Downtown Revitalization 2 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 700 PM ON TUESDAY FEBRUARY 17 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 Gloria Morgan Administrative Clerk Karla Turman Associate Planner Ben Cook Police Lieutenant Agenda A 700 PM Roll Call and Establishment of a Quorum B INVOCATION C PLEDGE OF ALLEGIANCE TO THE U S FLAG D CONSENT AGENDA 1 Approval of Minutes February 3 2009 2 Resolution No 1813 Reappropriating Funds to Purchase Four 4 Mobile Data Terminals and Two 2 Vehicles for the Vinton Police Department E AWARDS RECOGNITIONS PRESENTATIONS 1 Police Officer of the Month F CITIZENS COMMENTS AND PETITIONS G TOWN ATTORNEY H TOWN MANAGER 1 MAYOR 1 Approval of Vinton Volunteer Fire Department Officers J COUNCIL K ADJOURNMENT WORK SESSION 1 Roanoke Valley Resource Authority Members Use Agreement Amendment 2 FY 20082009 Budget Amendments 3 Sign Ordinance Changes 4 Agency Requests for FY 2010 Budget Mayor Grose called the regular meeting to order at 700 pm Roll call invocation Following roll call Mr Matthew Hare gave the invocation and the and Pledge of children of Mr Hare and the children of Amy Beecher led the Pledge of Allegiance to the US Flag The Consent Agenda was approved on motion by Mr Nance that was seconded by Ms Fidler and approved with all in favor Mr Nance read a letter from Police Chief Cooley recognizing Chris W Harris as Police Officer of the Month The Town Manager acknowledged that Council would be asked to consider the WaterSewer System Development fees and the water rate ordinance on March 3d Mayor Grose asked if a letter informing the citizens of the proposed changes would be sent out soon and Mr Lawrence replied that the letter was currently at the printers and would be included in the next utility bill mailing along with an invitation to the Towns 125th Birthday Celebration on March 17th at the War Memorial Mr Altice moved to approve the newly elected slate of officers for the Vinton Volunteer Fire Department The motion was seconded by Ms Fidler and passed unanimously on a roll call vote Mayor Grose thanked the volunteers for the work they do Mr Nance thanked the Fire Department for their efforts and also Mr Hare for giving the invocation and the young citizens who led the Pledge of Allegiance to the US Flag Mayor Grose announced that Vinton Town Council would be going on a tour of Roanoke County facilities on February 20th and would leave the Vinton Municipal Building at 800 am Mayor Grose adjourned the regular meeting at 715 pm WORK SESSION Allegiance to U S Flag Approved Consent Agenda Approved Volunteer Fire Department Slate of Officers 1 Roanoke Valley Resource Authority Members Use Agreement Amendment Mr Dan Miles CEO for the Roanoke Valley Resource Authority briefed Council on a request for Vinton Town Council to approve an amendment to the Resource Authoritys Members Use Agreement Mr Miles explained that under the current Use Agreement all waste is to be hauled to the Smith Gap Landfill If an emergency situation occurred where waste could not be taken to the Smith Gap Landfil the three member agencies of the Roanoke Valley Resource Authority would each have to hold emergency meetings to get approval to transfer the waste to another location Since this process could take up to a week at best he advised that his board feels it would be prudent to develop a backup arrangement to avoid any delays Mr Miles stated that the City of Salem who has the same problem uses Waste Management to haul their waste by tractor trailer to Amelia County He reported that he had worked out an agreement with Salem that they Resource Authority and City of Salem would serve as each others backup in a temporary emergency situation Mr Miles asked that the wording in the Members Use Agreement be changed to allow for the emergency backup plan for both agencies Mr Miles identified another instance where language needed to be added to the Members Use Agreement that would allow the Resource Authority to put in a permanent household hazardous waste facility at the Transfer Station by July 15 He asked to also include this language in the proposed amendment noted above Mr Nance inquired as to whether the Amelia County location was the only location they could use in an emergency situation and Mr Miles replied that it was the closest location and the most cost effective one Ms Fidler asked if the household hazardous waste facility would include electronics Mr Miles replied that it is not currently in the plans but would hopefully be included sometime in the future Mr Lawrence asked about phone book recycling and was advised by Mr Miles that there is no market in this area for phone books glass and some other fiber products and it would be too costly to try to transport them to another location that would accept them Mr Lawrence advised that the issue would be placed on the March 3rd Consent Agenda 2 FY 200812009 Budget Amendments Mr Lawrence reported on budget reductions for the 20082009 budget to cover the expected 270000 shortfall in revenue for the current budget He noted that a top priority was to make sure none of the proposed budget cuts would affect service to citizens He assured Council that the cuts proposed by staff are not just short term simple fixes they are also looking at ways to change the way the Town does business that will reduce costs on a permanent basis The Town Manager pointed out a couple ways to cut costs to freeze positions and to limit travel and training to those things that are required for certifications He advised that personnel reductions were not currently being considered The Town Manager also stated that there were a couple Capital Improvement projects that can be delayed for a year Mr Lawrence reported that staff has identified 296000 in reductions and savings He further reported that this is a little more than the projected shortfall but would cover any further shortages that might come up before the end of the budget year He highlighted some departmental reductions that are being proposed and 3 commented that most of the burden for the reductions fall back on the organization and the employees and would not impact service delivery The issue will be presented to Council for their consideration at the March 3d meeting Ms Fidler asked if cuts were made in the swimming pool andparks account for maintenance and repairs and Mr Lawrence responded that there were cuts but staff feels comfortable there will be enough left to make any needed repairs for the filtration system Ms Fidler asked if the cuts would affect salaries for the pool staff and the Town Manager replied that no salaries would be cut She then questioned whether there would be any savings in the salary account if the pool is closed for the summer that could be used at the Senior Center for some alternative programs for the Towns young people Mr Lawrence replied that this alternative could be looked at by staff Mr Obenchain stressed that citizens need to know that staff did not come up with 296000 of fat in the budget that the cuts being proposed would make it much more difficult for the Towns employees to do their jobs He asked to get a tentative date for this years budget meetings Mr Obenchain expressed his appreciation for the work staff has done to make the budget cuts In a discussion regarding next years budget the Town Manager made the statement that the new budget will need to be 500000 less than the current budget Mayor Grose and Mr Altice thanked staff for the work they have done to make the budget cuts Regarding a comment made concerning the possibility of closing the pool for the summer he remarked that when economic situations are difficult as there are now there is a segment of the population that is even more dependent on things such as the swimming pool and the Seniors Program He felt these items should be a high priority Mr Lawrence advised Council that this issue would be on the March 3d meeting agenda 3 Report Proposed Sign Ordinance Karla Turman reported on the proposed changes to the Sign Ordinance that have been recommended by the Planning Commission most of which are housekeeping items such as clarification of terms that were confusing and adding a definition that was left out of the last update More changes that are proposed are Changing the time lime for temporary signs from 20 days to 21 days The sizes of certain signs Changing all window coverage from 30 to 25 For buildings that have multiple tenants no tenant will be denied the right to have less than 32 square feet of signage 4 In a discussion regarding the last item listed Mr Obenchain pointed out that if there are several tenants in a building and one or more tenants has several signs it should be the responsibility of the property owner to make sure all tenants have a fair amount of area to display signs and not the Town of Vinton He was concerned that including a section in the sign ordinance guaranteeing any new tenant in the building the right to have a sign no matter how much sign area is already being used on the property could lead to a proliferation of signs in buildings with multiple tenants The Mayor also expressed his concerns about this change and he too felt it was the property owners responsibility to make sure each of his tenants would be able to have a sign Ms Turman pointed out that this requirement would be applicable only in General Business districts and Industrial districts In further discussion regarding signs for buildings with multiple tenants Mayor Grose recommended that available sign size should be based on the size of a tenants space in other words if one tenant has 25 feet of frontage and another has 75 feet of frontage the tenant with the 75 foot frontage should be allowed more space for his signs Mr Lawrence agreed that this would be the fairest way and stated that he would have staff go back and look at the Towns signage philosophy to determine how to balance this with a new business He went on to say that the Town needs a fair consistent reasonable sign ordinance Mayor Grose commented that he was a little uncomfortable changing the ordinance before the Corridor Study and the Regional Commission WayFinding Study are completed Mr Lawrence agreed that if the proposed ordinance contains modifications that changes the Towns signage philosophy it should be delayed until the studies are completed He went on to say that the proposed ordinance contains mostly administrative type of changes that would help staff better administer the Code but it also contains a couple sections that do fundamentally change the philosophy The Town Manager reported that these sections can be removed and dealt with later Following comments from Council that property owners should divide up the allowed sign area for his tenants in a multitenant building Mr Lawrence pointed out that the Town gets the blame when a business in one of these buildings is not allowed to have a fair amount of sign space Mr Obenchain replied that he would rather have the Town blamed for it than have signs everywhere Mr Lawrence stated that this piece of the ordinance needs more work and evaluation that would allow staff to come up with a proposal that will work and if they find it will not work it should be taken out so that Council can move forward on the other things Mr Altice asked if they should send it back to the Planning Commission and Mr Lawrence replied that it would be up to Council to send it back If they come up with something that deviates significantly it would be worth sending it back Mrs Turman reported that during a work session in December one of the Planning Commissioners said he would like to see Council allow portable and temporary signs for a longer period of time even if it meant raising the fee to cover the longer display period She further reported that the Planning Commission felt that 120 days per year was not long enough as some businesses depended on portable and temporary signs to advertise their business Both Mr Obenchain and Mayor Grose responded that if businesses are depending on portable signs they needed a permanent sign 5 In explaining the reasoning for the Town to allow new businesses to have a sign when the allowable sign space has been used up by other tenants Mrs Turman stated that staff was trying to find a way for new tenants to be able to have at least a small sign Mayor Grose responded that the only way to guarantee that a new tenant would be able to have a sign is have square footage reserved for him forever In summing up Councils comments Mr Lawrence stated that a solution to the problem identified is not to figure out a way for the tenant to get that one small sign but to rethink the signage philosophy of how much is allocated to a piece of property and a building If thats the case its very different than the purpose of the ordinance on which they are working He advised that the issue needs more analysis discussion and public input because it would change the philosophy of how signage is regulated and distributed among businesses He recommended pulling this section out of the proposed ordinance and waiting for the corridor study to be completed so the Town would have some policy direction Mrs Turman reported that Tommy Wood has a unique problem as he owns a building on Washington Avenue that has three tenants Two of the tenants both have permitted signs and one tenant obtained a permit for one sign but has put up multiple signs on the property She went on to say that the tenant now wants a permit for the multiple signs but according to the current sign ordinance she cannot issue him a sign permit for those signs Mr Wood replied that he preferred for the Town to have a required square footage for signs Mr Obenchain asked about the number of businesses that are not able to put up a sign because of there is no allowable sign space available Mrs Turman reported that she has not run into this problem lately Mr Obenchain advised that he felt they should wait until the corridor study is completed before making any big changes in the ordinance The Mayor stated he is very concerned with the appearance and image of the Town as far as signs are concerned but is aware that businesses do have a legitimate need to have signage Mr Lawrence added that staff needs to look at whether there a reasonable way to deal this individual issue without changing the whole philosophy before handing the ordinance back to Council In summing up what Council wanted it was his understanding the issue would be taken out of the ordinance for now and sent back to the Planning Commission Council could then move forward with the administrative changes Mrs Turman added that changes also needed to be made to the Definitions section of the ordinance She pointed out a couple of changes in that section Mr Nance acknowledged that Mrs Turmans job was very difficult and thanked her for her patience and dogged determination to make sure the ordinance is properly enforced 4 Agency Requests for FY 2010 Budget Mr Lawrence reported that letters were sent out as part of the budget process advising nonprofit agencies and nongovernmental organizations to submit their budget requests by the end of February He reported that a list of those agencies and their 6 requests is enclosed in the budget package Ms Fidler asked that Council consider increasing the Needy Family contribution due to the increased number of families in the Town that are struggling during these difficult times Mayor Grose reminded the Council members to go get their costumes fitted for the Vinton Birthday Celebration It was noted that there would be a reception at the War Memorial on March 17th from 300 pm until 600 pm and an art show at the Municipal Building from 600 pm until 700 when the regular meeting begins The Mayor commented on the difficulty of trying to schedule ministers to perform the invocation at Council meetings He reported that the Town Clerk had sent out letters to local ministers inviting them to call and schedule a meeting date to conduct the prayer but had received very few responses He recommended that Council members each select a month and invite two ministers to give the invocation for that months meetings He asked Council members to let him know how they feel about this Mr Obenchain commented that it does not have to be a minister that anyone can do it The meeting adjourned at 929 pm APPROVED Bradley E Grose Mayor ATTEST Darleen R Bailey Town Clerk 7 RESOLUTION NO IS 14 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON MARCH 3 2009 AT 700 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 31 I SOUTH POLLARD STREET VINTON VIRGINIA RESOLUTION AUTHORIZING THE FIFTH AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT IIEREAS the parties hereto entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23 1991 the Members Use Agreement as amended by First Amendment to Roanoke Valley Resource Authority Members Use Agreement dated as olJune 1 1992 Second Amendment to Roanoke Valley Resource Authority Members Use Agreement dated December 2 1996 Third Amendment to Roanoke Valley Resource Authority Members Use Agreement dated February 1 1999 and Fourth Amendment to Roanoke Valley Resource Authority embers Use Agreement dated April 1 2005 among the Authority the County the City and the Town under which the Authority agreed to acquire construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalfof the County the City and the Town collectively the Charter Members and WHEREAS the parties desire to amend the Members Use Agreement authorizing a Reciprocal Emergency Disposal Agreement with the City of Salem as well as a Household Hazardous Waste Collection Facility at the RVRA Transfer Station NOW THEREFORE BE IT RESOLVED by the Town Council of Vinton Virginia as follows Approval of Amendment The Board of Supervisors hereby approves the Fifth Amendment in substantially the form attached to this Resolution as Exhibit A The County Administrator and such officers and agents as he may designate are authorized and directed to execute and deliver the Fifth Amendment and the Clerk to the Board of Supervisors is authorized to seal and attest the Fifth Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein 2 Effective Date This Resolution shall take effect immediately this Ordinance adopted on motion made by Council Member and seconded by Council Member with the following votes recorded AYES NAYS APPROVED Bradley E Grose Mayor ATTEST Darleen R Bailey Town Clerk FIFTH AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT This Fifth Amendment to Roanoke Valley Resource Authority Members Use Agreement the Fifth Amendment is made as of 2009 by and among the Roanoke Valley Resource Authority as successor to the Roanoke County Resource Authority the Authority the County of Roanoke Virginia the City of Roanoke Virginia and the Town of Vinton Virginia each otwhich are political subdivisions of the Commonwealth of Virginia RECITALS WHEREAS the parties hereto entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23 1991 the Members Use Agreement as amended by First Amendment dated of June 1 1992 Second Amendment dated December 2 1996 Third Amendment dated February 1 1999 and Fourth Amendment dated April 1 2005 among the Authority the County the City and the Town under which the Authority agreed to acquire construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County the City and the Town collectively the Charter Members WHEREAS the parties desire to amend the Members Use Agreement to authorize and permit in emergency situations and under certain terms and conditions i the Authority and the Charter Member Users to dispose of municipal solid waste originating from the City County and Town at the City of Salems waste disposal facility and ii the City of Salem to dispose of municipal solid waste originating from the City of Salem or Botetourt County at Authoritys waste disposal Facility and WI IE ZFAS the parties also desire to amend the Members Use Agreement to authorize a separate household hazardous waste collection facility and operation at the Hollins Road Transfer Station site for the ongoing collection storage and offsite disposal of household hazardous waste originating from the households of the citizens of the City County and Town and such otherjurisdictions as shall become members of the Authority In consideration of the foregoing the Authority and the Charter Members each agree as follows Article I Amendments page 1 1 Section 22 of ARTICLE 11 TERM OF AGREEMENT is amended to read as follows Section 22 Applicability Amendments The Authority and Users covenant and agree that except as stated herein the terms conditions and requirements contained in this Agreement shall apply equally to each Charter Member User and further covenant and agree that this Agreement the Articles of Incorporation and Bylaws shall not be amended or changed in any way without the consent of Authority and the consent of the governing body of each Charter Member User The parties hereto further covenant and agree that except in case of an Uncontrollable Circumstance the Authority shall engage in the collection and disposal of garbage and refuse at and through the Facility or other transfer facilities owned and operated by the Authority and that the Authority shall be authorized to engage in or provide for commercial andor residential garbage and refuse collection activities or services Authority shall also be authorized to engage in recycling activities with regard to Acceptable Waste for which the Authority has accepted title in accordance with Section 45 of this Agreement provided however that Authority shall not require any specific recycling methodology goals limits or standards for a User without such Users consent and provided further the Authority shall not in any manner subsidize any Users recycling program except for incentive programs to encourage recycling that benefits all Users proportionately on the basis of population 2 Section 33 Use of Transfer Station and Landfill of ARTICLE III FACILITY CONSTRUCTION AND OPERArION is amended to read as follows Section 33 Use of Transfer Station and Landfill The Authority and the Users covenant and agree that except as provided in section 441 Emergency Temporary Use of Authoritys Facilities by Salem below the Transfer Station provided for herein may only be utilized by entities located within the Charter Member User jurisdictions only for the transfer of Acceptable Waste originating within the County City and Town The Authority and Users further covenant and agree that except as provided in section 441 Emergency Temporary Use of Authoritvs Facilities by Salem below the Transfer Station shall not be utilized by any other person or entity without the express prior consent of Roanoke City Council Use and operation of the Landfill shall be subject to and in compliance with the terms and conditions in the special use permit provided pursuant to Roanoke County Item 6278910 and Resolution 6278912 each dated June 27 1989 Use and operation of the Transfer Station shall be subject to and in compliance with the terms and conditions in the Solid Waste Transfer Facility Design Criteria dated March 197 1991 and the Solid Waste Transfer Facility Operating Criteria dated May 21 1991 as approved by the City Planning Commission on June 5 1991 Within 15 days of execution of this Agreement City acting through its City Council shall proceed with all City approvals necessary for selection of the Transfer Station site page 2 I Section 4 1 Delivery and Acceptance of ARTICLE IV OBLIGATIONS RELATING 10 DELIVERY AND ACCEPTANCE 01 WASTE OPERATING PROCEDURES is amended to read as follows Section 41 Delivery and acceptance a Beginning on the StartUp Date and continuing throughout the term of this Agreement the Authority agrees to accept and dispose of Acceptable Waste delivered by or on behalf of the Users in accordance with the terms of this Agreement for the useful life of the Landfill and agrees to do so at and through the Facility unless an Uncontrollable Circumstance renders all or a portion of the facility inoperable In such case the Authority may and is authorized to provide by separate agreement between the Authority and the City of Salem for the emergency temporary disposal of Acceptable Waste originating in the City County and Town at the City of Salems waste disposal facilities The Authority may also provide for disposal at an alternative site after consulting with the Charter Members The Authority further agrees to use its best efforts to operate the Facility as economically as possible and to maintain a competitive Tipping Fee structure to encourage use of the Facility by Private Haulers b Bach User shall have the right to deliver or cause to be delivered to the Facility all Acceptable Waste generated within its political jurisdiction For as long as the Series 1992 Bonds are outstanding under the Indenture except in the case of an Uncontrollable Circumstance each Charter Member User further agrees to deliver or cause to be delivered to the Facility all Acceptable Waste except Recycled Waste which is generated or collected by the Charter Member User collected by a Designated Hauler or collected by any other waste hauler who collects Acceptable Waste on behallof the Charter Member User and each Charter Member User agrees to do so to provide a constant revenue stream to the Authority in recognition of the fact that Private Haulers have no legal obligation to use the Facility 4 Section 44 New Members of ARTICLE IV OBLIGATIONS RELATING TO DELIVERY AND ACCEPTANCE OF WASTE OPERATING PROCEDURES is amended to read as Follows Section 44 New Members Because the Landfill is a scarce and valuable resource and because all Users have a common interest in insuring that the Landfill is utilized only for the proper disposal of Acceptable Waste and because Authority and Users desire to make the best possible and most efficient use of the Landfill Users and Authority covenant and agree as follows 1 No person or entity shall be permitted to utilize the facility except pursuant to the general terms and conditions of this Agreement page 3 2 Except as provided in Section 441 Fmerenev Temporary Use of Authority Facilities by Salem below only Users and persons or entities located within User jurisdictions shall be permitted to utilize the Facility only for the disposal of Acceptable Waste originating within User jurisdictions 3 The total number of User jurisdictions including the County City and Town shall at no time exceed eight 4 Except as provided in Section 75 of this Agreement additional Users may join the Authority by a simple majority vote of the Authority provided that the following conditions have been met a The additional volume of Acceptable Waste that would be disposed of at the Landfill as a result of such proposed new Users joining is not projected to cause the total aggregate amount from all User jurisdictions to exceed the Maximum Landfill Life the proposed new User jurisdiction shall be responsible for all the costs and expenses of such waste stream and Landfill life projections as determined to be necessary by the Authority b The nature of the waste stream from the proposed new User must be determined by an independent environmental expert at such proposed new Users cost to consist of Acceptable Waste only the proposed new User shall contract in advance to be financially responsible for periodic unannounced inspections and testing of its waste stream by independent environmental experts chosen by and on terms and conditions established by Authority up to six times per Fiscal Year and to comply with such other requirements as Authority may impose to insure that only Acceptable nonHazardous Waste is delivered to the Facility c The proposed new User shall make an initial capital contribution at least proportional to the capital contribution made by the Charter Member Users d The proposed new User shall execute and deliver an agreement substantially similar to this Agreement as required by the Authority 5 ARTICLE IV OBLIGATIONS RELATING TO DELIVERY AND ACCEPTANCE OF WASTE OPERATING PROCEDURES is amended by the addition of a new subsection 441 Fmergencv Temporary Use of Facility by Salem to read as follows Section 441 Emergency Temporary Use of Authoritys Facilities by Salem The Authority hereby allows for the emergency temporary use of the Transfer Station by the City of Salem for the disposal at the Landfill of only Acceptable Waste which originates within the City of Salem and Botetourt County subject to and upon the following terms and conditions page 4 1 Authority and the City of Salem shall enter into an appropriate reciprocal agreement in form approved by the Authority for temporary emergency use of each others waste disposal facilities Prior to any delivery of waste by the City of Salem at the Authoritys Transfer Station the City of Salem shall provide advance written notice to the Authoritys Chief Executive Officer of i the nature of the emergency ii the estimated duration of the emergency use and iii the estimated daily amount of municipal solid waste requested to be delivered for disposal 2 Such use shall be subject to prior written approval of the Authoritys Chief Executive Officer and the City of Salems compliance with all Applicable Laws rules regulations and procedures including without limitation the Authoritys Operating Rules regulations and procedures S The fees and charges applicable to such use shall be as established by the Authority from time to time 4 Under no circumstances shall the Authority accept or be deemed to have accepted for disposal or title to any Hazardous Waste or Unacceptable Waste 5 Salem shall be responsible for and shall pay any and all claims suits damages lines penalties loss or liability including any required cleanup or remediation for damage to property death or personal injury of any kind resulting from or arising out of i the operation or presence on Authority premises by the City of Salem its employees agents and contractors ii the delivery to the Authoritys Facilities or handling of Hazardous Waste or Unacceptable Waste or iii any violation of any law rule regulation or procedure 6 ARTICLE IV OBLIGATIONS RELATING TO DELIVERY AND ACCEPTANCE OF WAS 1 OPERATING PROCEDURES is amended by the addition of a new Section 47 household Hazardous Waste Collection Facility to read as follows Section 47 Household Hazardous Waste Collection Facility Notwithstanding any other provision of this Agreement the Authority shall be authorized to operate a household hazardous waste collection facility and operation at the Hollins Road Transfer Station site for the ongoing collection storage and offsite disposal of household hazardous waste originating from the households of the citizens of the City County and Town and such otherjurisdictions as shall become members of the Authority Such household hazardous waste facility and all related activities including without limitation the collection storage and transportation and offsite disposal of household hazardous waste shall be in compliance with all applicable local state and federal rules laws and regulations and shall be accounted for separately from the System page 5 Article 11 Miscellaneous 1 Counterparts This Fifth Amendment may be executed in any number of counterparts each of which when so executed and delivered will be an original and the counterparts taken together will constitute one and the same instrument 2 Amendments This Fifth Amendment may be amended only in accordance with the provisions of the Members Use Agreement 3 Effectiveness of Members Use Agrecment Except as expressly amended in this Fifth Amendment all terms and provisions of the Members Use Agreement as amended shall remain in full force and effect IN WITNESS WHEREOF the parties have caused this Fifth Amendment to be executed as of the date above written Roanoke Valley Resource Authority Attest By Anne Marie Green Chair By Title Date page 6 022309 DRAFT MEMBER USE AGREEMENT 5tt AMENDMENT Attest CountyofRoanoke Virginia By County Administrator BY Attest Bv Attest By I Date By By Title Date page 7 City of Roanoke Virginia Darlene L Burcham City Manager Town of Vinton Virginia TOWN OF VINTON 311 South Pollard Street VINTON VIRGINIA 24179 PHONE 540 9830607 Christopher S Lawrence FAX 540 9830626 Town Manager To Town Council From Christopher S Lawrence Town Manager Date February 13 2009 Subject FY2009 Budget Reductions The Town of Vinton current financial status is strong due to a fiscally responsible budget diversified revenue sources and good managementbusiness practices for providing services However the town is experiencing revenue shortfalls similar to many other municipalities across the country The current economic conditions have directly impacted our projected revenues primarily sales tax investment income state public safety funding and parimutualadmissions tax Off Track Betting Even through these conditions the town continues to provide high quality services to the citizens at a good value These conditions have resulted in a projected revenue loss of approximately 270000 in the current FY09 budget year ending June 30 2009 This equates to approximately 35 of the general fund To this end budget reductions are required to ensure the town has a balanced budget and is a steward of the publics money Administration and the Town Treasurer evaluated the projected shortfalls the towns approved budget and actual expenditures to develop strategies to bridge this gap Management priorities were established to provide guidance for approaching this difficult task Each department head was directed to evaluate their budget with the following guidelines 1 Priority given to maintaining current services and service levels 2 Vacancies are frozen and require Town Manager approval prior to recruitment and hiring 3 Maintain a long tern outlook for cost savings and not just short tern cuts 4 Limit training and travel to regional opportunities and for required certifications to maintain job requirements The town budget was evaluated by each department and savingsreductions were focused on the General Fund Operating and Maintenance and the Capital Improvement Program Employee salaries benefits outside agency obligations required grant funding obligations and other required financial obligations were not affected As proposed staff has identified approximately 296000 in reductions to the current budget This exceeds the projected shortfall by 26000 However with the uncertainty of the economy staff is approaching this from a very conservative view point Summary to impacts for recommended savingscuts to the FY09 Budget General Administration and Connnunity Development These are reductions to the operating and maintenance items in the budget such as training travel office supplies utility savings contractual and legal services and program savings Impact to services expected Minimal Public Safety These are reduction to the operating and maintenance items in the budget This includes training travel uniforms contractual services vehicle and equipment parttime salaries office supplies and equipment purchase savings Impact to services expected Minimal Public Works These are reductions and savings related to the road paving program parttimeovertime salaries vehicle maintenance savings expected savings from tipping fees at Roanoke Valley Resource Authority and landscaping and building maintenance reductions Impact to services expected Savings from paving program for current year focus on road maintenance of potholes Refuse Collection savings are a result of actual tipping fees experience which is below expected expenses Special Programs These cuts result from slight reductions to special events offered through the end of the current budget year reduction in contractual services printing and advertisement for War Memorial and general operating and maintenance cuts This also includes training travel parttime salaries office supplies and program savings Impact to services expected War Memorial advertising savings related to a more focused advertising approach but not expected to reduce effectiveness of advertising program No adverse impact to special events pool or senior center Capital Improvement Program These cuts are from deferring two projects and have no expected negative impacts New Accounting Computer System Vinton Business Center Sign Dept No Department 1100 Council 1200 Town Manager 1203 Human Resources 1214 Finance Department Total General Administration Town of Vinton FY 200809 Proposed Budget Reductions Budget Revised Revision FY 0809 FY 0809 137999 126999 11000 175886 173716 2170 93984 87574 6410 256291 244591 11700 664160 632880 31280 3101 Police Department 1848117 1814225 33892 3102 Communication Services 471345 459432 11913 3103 Emergency Services 8452 1579 6873 3105 Police Grants 166772 166772 0 3205 Fire EMS Services 877137 842507 34630 3501 Animal Control 106645 102848 3797 Total Public Safety 3478468 3387363 91105 1221 Town Garage 66760 66760 0 4101 Street Maintenance 1329608 1291368 38240 4105 Snow Inc Removal 29375 29375 0 4108 Traffic SignsStreet Lights 134010 129010 5000 4202 Street Cleaning 65770 65770 0 4203 Refuse Collection 498297 486797 11500 4206 Recycling 63606 62606 1000 4304 Building Gourds 158171 152741 5430 Total Public Works 2345597 2284427 61170 7101 Special Programs 136379 129014 7365 7103 War Memorial 340339 312089 28250 7105 Swimming Pool and Parks 92159 89354 2805 7107 Senior Citizen Program 111750 107812 3438 Total Special Programs 680627 638269 42358 8101 Planning Zoning 297454 290754 6700 8150 Economic Development 23065 20755 2310 8160 Public Transportation 36000 36000 0 8170 Vinton Business Center 5000 4500 500 Total Community Development 361519 352009 9510 8800 Debt Service 403892 403892 0 Total NonDepartmental 403892 403892 0 9950 Transfer CIP 218584 157909 60675 Total Transfer CIP 218584 157909 60675 Total General Fund 8152847 7856749 296098 PUBLIC NOTICE A Budget Hearing will be held on Tuesday March 3 2009 at 700 pm in the Vinton Municipal Building for the purpose of discussing the reduction of the FY20082009 Town of Vinton budget The following budget reduction is proposed Original Revised Revenues Expenditures Total All Funds Total All Funds General Fund 8152847 7856749 Utility Fund 3150785 3150785 Capital Improvements Fund 380584 319909 Total Revenues Expenditures 11684216 11327443 A complete copy of the Town of Vinton FY 2008 2009 Budget Reduction Ordinance can be reviewed in the Town Managers Office ORDINANCE NO 877 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY MARCH 3 2009 AT 700 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING 311 SOUTH POLLARD STREET VINTON VIRGINIA NIIIEREAS the Town Charter requires that a budget be adopted by July 1 for the Fiscal year and WHEREAS the Council has reviewed the budget adopted for Fiscal Year 200809 and is of the opinion that the Town government under the current economic conditions needs to reduce the adopted budget for the twelve month period beginning July 1 2008 to June 30 2009 with the revenues and expenditures 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 Federal Aid Programs for like purposes with the prior approval of the Town Council NOW THEREFORE be it ordained by the Council of the Town of Vinton Virginia that the budget for the fiscal year beginning July 1 2008 and ending June 30 2009 be admended as following Fund Revenue and Expenses Adopted Budget Reduction New Budttet General Fund Utility Fund Capital Improvement Fund 8152847 3150785 380584 1 1684216 296098 7856749 0 3150785 60675 319909 356773 11327443 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 NOW THEREFORE BE IT ORDAINED that this Ordinance takes effect March 3 2009 Phis Ordinance adopted on motion made by Councilperson and seconded by Councilperson AYES NAYS APPROVED Bradley G Grose Mayor ATTEST Darleen R Bailey Town Clerk 6 ORDINANCE NO 878 AT A REGULAR MEETING OF THE VINION TOWN COUNCIL HELD ON TUESDAY MARCH 3 2009 AT 700 PM IN THE COUNCIL CHAMBERS OF THE VINION MUNICIPAL BUILDING 311 SOUTH POLLARD STREET VINTON VIRGINIA AN ORDINANCE to adopt water fees and charges for water service for commercialinstitutionalindustrial users pursuant to the Vinton Town Code Chapter 94 Utilities Section 9446 Water rates and fees and establishing an effective date WHEREAS Section 9422 of the Vinton Town Code requires fees and charges be reviewed and established annually by Town Council and WHEREAS establishing rates and charges for service is the responsibility of Town Council and WHEREAS the Town Council supports the principle that utility fund costs should be shared in a fair and equitable manner amongst all customer classes and WHEREAS a public hearing was advertised and held on March 4 2009 and all public comments have been considered by Council and WHEREAS the recommended incremental water rate increases for commercial institutional and industrial customers will result in fair and equitable water rates and charges amongst customer classes NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Vinton that the increased commercial institutional industrial water rates and fees shown as effective on March 4 2009 on the attached Water and Wastewater Pees and Charges Schedule attached hereto and incorporated by reference are hereby enacted approved and established and take effect March 4 2009 that the increased commercial institutional industrial water rates and fees shown as effective on April 1 2009 on the attached Water and Wastewater Pees and Chargcs Schedule attached hereto and incorporated by reference are hereby enacted approved and established and take effect April 1 2009 and the increased commercial institutional industrial water rates and fees shown as effective on July 1 2009 on the attached Water and Wastewater Pees and Charges Schedule attached hereto and incorporated by reference are hereby enacted approved and established and take effect July 1 2009 This ordinance is effective upon passage This Ordinance adopted on motion made by Council Member and seconded by Council Member with the following votes recorded AYES NAYS APPROVED Bradley E Grose Mayor A rrEs r Darleen R Bailey Town Clerk NOTICE OF PUBLIC HEARING TO INCREASE COMMERCIAL INDUSTRIAL AND INSTITUTIONAL WATER AND WASTE WATER RATES FOR THE TOWN OF VINTON VIRGINIA The Council of the Town of Vinton Virginia will hold a public hearing regarding a proposed rate increase for commercial industrial and institutional water and wastewater service pursuant to authority granted by Virginia Code 1522111 1522119 and 1522122 according to the Vinton Town Code Chapter 24 Utilities Section 9446 and 9491 paragraphs e as amended on January 6 2009 requiring that water and wastewater rates and charges be set at least annually and are to be presented to Town Council for approval The rate will increase from 233 per 1000 gallons on January 1 2009 to 234 on April 1 2009 to 275 on July 1 2009 and to 296 on October 1 2009 in accordance with established rate schedule The public hearing will be held on March 3 2009 at 700 pm in the Council Chambers of the Vinton Municipal Building located at 311 South Pollard Street Vinton Virginia The proposed ordinance is available for inspection in the Town Managers Office located in the Vinton Municipal Building ORDINANCE NO 879 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY MARCH 3 2009 AT 700 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING 311 SOUTH POLLARD STREET VINTON VIRGINIA AN ORDINANCE to adopt utility fees and charges for water service and wastewater scrvicc pursuant to the Vinton Town Code Chapter 94 Utilities Section 9422 Fees and charges for water service and Section 9474 Fees and charges for wastewater service and establishing an effective date WHEREAS Sections 9422 and 9474 of the Vinton Town Code require fees and charges be reviewed and established annually by Town Council and WHEREAS a public hearing was advertised and held on March 3 2009 and all public comments have been considered by Council and WIIEREAS the Town Council has determined that it is in the best interests of the Town and its utility service area customers to adopt a policy for growth to pay for the costs of public water and wastewater resulting from such growth NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Vinton that the attached Water and Wastewater Fees and Charges Schedule attached hereto and incorporated by reference to be effective upon passage is hereby enacted approved and established This Ordinance adopted on motion made by Council Member and seconded by Council Member with the following votes recorded AYES NAYS APPROVED Bradley E Grose Mayor ATTEST Darleen R Bailey Town Clerk Effective Date 7 January 2009 Council Resolution No xxxx TOWN OF VINTON RATES CHARGES SCHEDULE FOR WATER AND WASTEWATER SERVICE Minimum Charge for Residential Service Bimonthly Effective 7January 2009 First 3000 gallons or less thru 58 meter 1259 Volumetric Consumption Rate Next 42000 gallons or less per 1000 gallons 233 Next 255000 gallons or less per 1000 gallons 202 Next 700000 gallons or less per 1000 gallons 185 All over 10000000 gallons per 1000 gallons 154 Minimum Charge for CommercialInstitutionalIndustrial Service Monthly First 1500 gallons or less thru 58 meter 630 First 1500 gallons or less thru 34 meter 687 First 1500 gallons or less thru 1 meter 734 First 1500 gallons or less thru 1114 meter 764 First 1500 gallons or less thru 112 meter 825 First 1500 gallons or less thru 2 meter 1056 First 1500 gallons or less thru 3 meter 1383 First 1500 gallons or less thru 4 meter 1853 First 1500 gallons or less thru 6 meter 2317 First 1500 gallons or less thru 8 meter 2594 Effective 7 January 2009 CommercialInstitutionalIndustrial Volumetric Consumption Rate Effective 7Januarv2009 Next 21000 gals Or less per 1000 gals 233 Next 127500 gals Or less per 1000 gals 202 Next 850000 gals Or less per 1000 gals 185 All over 1000000 gals per 1000 gals 154 Next 21000 gals Or less per 1000 gals 254 Effective 1 April 2009 Next 127500 gals Or less per 1000 gals 233 Next 850000 gals Or less per 1000 gals 222 All over 1000000 gals per 1000 gals 201 Next 21000 gals Or less per 1000 gals 275 Effective 1 July 20092 Next 127500 gals Or less per 1000 gals 265 Next 850000 gals Or less per 1000 gals 259 All over 1000000 gals per 1000 gals 249 Allover 21000 gals per 1000 gals 296 Effective 1 October2009 Purchased Water Sales Effective 7 January 2009 Service Charge 200 Volumetric Consumption Rate ResidentialCommercialInstitutional Per 1000 gallons 340 Volumetric Consumption Rate Industrial Per 1000 gallons 350 Page 1 of 2 Effective Date 7 January 2009 Council Resolution No xxxx Bulk Water Sales Hydrant Meter Service Charge 15000 Volumetric Consumption Rate per 1000 gallons 1200 Unmetered Service Charge 10000 Volumetric Consumption Rate per 1000 gallons 1200 Note The Town shall determine when the hydrant meter will be used Miscellaneous Water Service Charges Initial Service Application 2500 Recheck reading of meter see Note 1 2000 Meter Accuracy Test Residential see Note 2 2500 Meter Accuracy Test Comm lInstInd see Note 2 15000 Reconnect fee 4000 Additional Overtime Charge see Note 3 2500 Return check fee 3500 Effective 7 January 2009 Effective 7 January 2009 Note 1 No charge for first reread request No charge for misread meter Charge applies to any additional requests within a 12month period Note 2 No charge if meter fails accuracy test Note 3 Aoolies for work other than 800 AM to 500 PM Mondav thru um Charge for Residential Service Metered Bimonthly First 3000 gallons or less 1584 Volumetric Consumption Rate over 3000 gallons per 1000 gallons 232 Effective 1 JuIV 2009 Minimum Charge for CommercialInstitutionalIndustrial Metered Service Monthly First 1500 gallons or less 792 ommerciaIII nstitutionalIndustrial Volumetric Consumption Rate I over 1500 gallons per 1OOOgallons 232 Unmetered Service Bimonthly Fixed Charge see Note 1 3100 Note 1 Aoolies where no individual residential water meter is installed Page 2 of 2 NOTICE OF PUBLIC HEARING TO ESTABLISH WATER AND WASTE WATER SYSTEM DEVELOPMENT AND NEW CONNECTION FEES AND CHARGES FOR THE TOWN OF VINTON VIRGINIA The Council of the Town of Vinton Virginia will hold a public hearing on a request to establish Water and Waste Water Fees and Charges Schedule pursuant to authority granted by Virginia Code 1522111 1522119 and 1522122 according to the Vinton Town Code Chapter 24 Utilities Section 9422 Fees and charges for water service and Section 9474 Fees and charges for waste water service The public hearing will be held on March 3 2009 at 700 pm in the Council Chambers of the Vinton Municipal Building located at 311 South Pollard Street Vinton Virginia The System Development Fees are to increase by 16 Tap and Service Lateral Connections performed by Town are to decrease by 1 Inspection Charges will increase by approximately 15 to 2 and Water Meter Setting Fees up to 1 inch size will remain unchanged This does not increase residential or commercial watersewer consumption rates A complete Town of Vinton Water and Waste Water Fee and Charges Schedule and the proposed ordinance are available for inspection in the Town Managers Office located in the Vinton Municipal Building