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HomeMy WebLinkAbout4/6/2010 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilmember Carolyn D. Fidler, Councilmember Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember M#3 WHOM VUS [A] 1K*1 01111111111111151, HM, W=01217M 'ItMIT111im, no kT1 an noram Vinton, VA 24179 (540) 983-0607 B. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 A (1) of the 1950 Code of Virginia, As Amended, for Discussion or Consideration of Personnel Matters. I 960OKK*i 1! &*4 L, k MAIM ! 111 11111 111 "� I111111111p11111; 111��Iqllllll IMP - ALA 2. Adopt Proposed Resolution No. 1862 Establishing the Roanoke Area Crimin Justice Information Network (RACJIN) ACTION: Adopt Resolution i 3. Request Authorization to Destroy Paid Personal Property and Real Estate Te"" Records through 2004 — Resolution No. 1863 ACTION: Adopt Resolution I 4, Request to Establish Budget Fund Accounts for the Downtown Vinton Business District Project and the CDBG Planning Grant Funds - Resolutiou, No. 1864 ACTION: Adopt Resolution Presentation and Adoption of the 2010/2011 Annual Budget for the Roanoke Valley Resource Authority — Resolution No. 1865 1 � Vinton Pool Update, IN 0. A, Ali a I f 61M A *M I &TWAII 102 ONSM 4Request to Authorize Treasurer to Write Off Delinquent Personal Properm Taxes for 2004 — Resolution No. 1868 1 7owne wasus, Announce Arbor Day Celebration at 9:00 P.M. on April 15, 2010 at the Vinton Public Works Building 1,1LI:W14k0I1*1UT I'IlMol 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. INM 2. Farmer's Market Report I L I ii-i 1 1 16 1 111, Kllil ri I' I I cul'i'i , IgK4 if WATJJ V I I a V so I DKIKI) U ML01 OLVA I RIM k1l k, ffimm WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: I. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 1 Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by Council Member Fidler, and seconded by Vice Mayor Obenchain, with the following votes recorded: L-Uml Clerk of Council I'TnINUTES OF A REGULARAITTIEETIRG OP-TTINTON TOWN COUNCIL HELD AT 7:01 P.K ON TUESDAY, FEBRUARY 16, 2010, IN THE COUNCIL CHAMBERS OF THA VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Darleen Bailey, Town Clerk Elizabeth Dillon, Town Attorney Mary Beth Layman, Special Programs Coordinator Anita McMillan, Planning Director Herb Cooley, Police Chief Ben Cook, Police Captain A. 7:00 P.M. — Roll Call and Establishment of a Quorum B, INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U, S. FLAG D. CONSENT AGENDA 1. Approval of Vinton Volunteer Fire Department Officers E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Officers of the Month: a. Detective Monica McCullough for the Month of December b. Sergeant Anna Wooten for the Month of January 2. Dispatcher of the Quarter — Wayne Guffey F. CITIZENS' COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Petition of William Walker for a Request to Rezone Property Located at 602 3'd Street, Tax Map Number 60.15-5-1, from RB Residential Business to GB General Business — Ordinance No.894 2. Petition of Jeanie Harper for a Special Use Permit (SUP) to Operate a Family Day Care Home, Located at 119 Franklin Avenue, Tax Map Number 60.19-5-10 — Ordinance No. 895 1 Petition of Evette Bennett for a Special Use Permit (SUP) to Operate a Family Day Care Home, located at 303 Ashley Court, Tax Map Number 61.13-1-33.03 — Ordinance No, 896 4. Proposed Amendment to the Town of Vinton Comprehensive Plan to Incorporate the Vinton Area Corridors Plan — Ordinance No. 897 H. TOWN ATTORNEY 1. TOWN MANAGER 1Special Events Policy Includes: Purpose of Policy, Classes and Location of Special Even Application Process and Fees; Risk Management; and Alcohol Beverages at Special Events 2, Report - Vinton/Roanoke County Health Department Lease Renewal J. MAYOR K COUNCIL L. ADJOURNMENT Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, William Booth gave the invocation and Mr. Altice led the Pledge of Allegiance to the U.S. Flag. The Consent Agenda was approved on motion by Mr. Nance and seconded by Ms. Fidler, with all in favor. Mr. Nance read letters from Chief Cooley recognizing Detective Monica McCullough as Officer of the Month for the month of December and Sergeant Anna Wooten as Officer of the Month for January. Mr. Hare read a letter from Chief Cooley recognizing Wayne Guffey Dispatcher of the Quarter. Mayor Grose congratulated both of the Police Officers and Mr. Guffey for their outstanding accomplishments, Ms. Fidler read a letter from Dr. Elise Olsen at Duke University Research and Treatment Center thanking the Town for the contribution of $100.00 in memory of Vice Mayor William E. Obenchain, Jr., who passed away on December 23, 2009. Mayor Grose opened the public hearing at 7:10 p.m. to receive comments and questions regarding a petition by William Walker for a request to rezone property located at 602 Third Street from RB — Residential Business to GB — General Business, Anita McMillan, Planning Director reported that the Planning Commission held their public hearing on the issue on January 27, 2010. She explained that the zoning request will allow the property to be used for a retail store. She noted that the the operator of Two Peas in a Pod is interested in leasing the property as it would allow her to expand her business and stay in the Town of Vinton, IM - .6,1111 mill 11 Roll call, invocation and Pledge of Allegiance to U.S. Flag. Passed Ordinance No. 894 approving rezoning for property located at 602 Third Street N proffered conditions that are listed below. She explained that Mr. Walker's list of proffers are for uses that will not be allowed on the property as a use by right: 1. Auto and truck sales and service establishments 2. Auto wash facilities 3. Bed and breakfast establishments 4. Dwelling units of any kind 5. Gasoline service stations 6Parking areas, parking lots and parking garages as a principal use of the preoperty Ms. McMillan also noted that Mr. Walker proffered to not allow the following special uses: 1. Auto and truck general repair 2. Halfway House 3. Outpatient mental health centers 4. Outpatient substance abuse centers The Planning Director indicated that both Mr. Walker, owner of the property and the owner of Two Peas in a Pod were present to answer any questions Council may have, The Mayor asked if Ms. McMillan had received any calls or letters from surrounding property owners and Ms, McMillan replied that she had not. She went on to say that her office sent out letters t* adjoining property owners and to everyone on Augusta Avenue. Ms. McMillan added that Mr. Willie Leffell, owner of Temp-0-Matic, was present at the Planning Commission public hearing and had spoken in favor of Mr. Walker's rezoning request. She added that several people had commented favorably on the improvements made by Mr. Walker. Mr. Nance spoke favorably about Mr. Walker's improvements and stated that he felt the rezoning request would not be detrimental to the surrounding neighbors. Mr. Altice concurred with Mr. Nance's comments. Ms. Fidler commented that she had enjoyed watching the improvements take place, Mr. Hare stated that he was excited that a Vinton business was growing. The Mayor advised that any time a business wants to locate next to a residential district, it is important and necessary that Council considers the request very carefully in order to ensure that residential areas are not adversely affected. Mayor Grose closed the public hearing at 7:15 p.m., and Mr. Altice moved to adopt proposed Ordinance No. 894 approving Mr. Walker's request to rezone property located at 602 3' Street, from RB - Residential Business to GB — General Business to allow for retail uses. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. Following the vote, Mr. Altice advised that Mr. Walker's request as well as the next two public hearings had been discussed previously at a Council work session. Mayor Grose opened the public hearing at 7:17 p.m., to consider a request by Ms. Jeanie Harper for a Special Use Permit (SUP) to operate a family day care home, located at 119 Franklin Avenue. Ms. McMillan reported that the Planning Commission held their public hearing on the request on Wednesday, January 27, 2010 and had voted unanimously to recommend approval for Ms. Harper's Special Use Permit request. Ms. McMillan noted that last year, the Planning Commission and Town Council held several sessions to consider amending the Zoning Ordinance allowing for family day care homes that will accomodate more than five children. She further noted that after several works sessions and public hearings, the Planning Commission and Vinton Town Council approved an amendment to the Zoning Ordinance to ?Ilow for 6 to 12 children in a family day care home with the issuance *f a special use permit. Ms. McMillan reported that Allen Kasey and Joseph Banks had attended the Planning Commission public hearing and had spoken in favor of Ms. Harper's request. Ms. Fidler commented that she appreciated the fact that there were people who are willing to provide this needed service for families. Mr. Nance asked if the special use permit would follow the property or would end if Ms. Harper moved from the property and Ms. McMillan replied that the SUP would remain with the property but any new property owners would have to apply with and be approved by Social Services to be licensed to operate a family day care home with 6 to 12 children. Mr. Nance inquired as to whether the Town could put a limitation on the Special Use Permit so that it would lapse when the person receiving the SUP moves from the property. Mr. Lawrence replied that from a zoning standpoint, it does not matter who the person is, Adopted Ordinance No. 895 approving a Special Use Permit to operate a day care home at 119 Franklin Avenue 4 what matters is how the property is used. Me went on to say that it not illegal to put conditions on a permit based on who a person is, however, it is not a good practice. Ms. Dillon, the Town Attorney, advised that there is a process to revoke a special use permit but the SUP goes with the property, not with the person. Ms. Fidler questioned how rezoning the property would affect the special use permit. Ms. Dillon responded that it would then be considered a non -conforming use. Mr. Lawrence stated that the Town would retain zoning authority to determine whether the permit holder is following rules and regulations and if not, the Town could proceed with the process to revoke the special use permit. Mayor Grose opened a public hearing at 7:26 p.m. to hear a petition by Evette Bennett for a Special Use Permit to operate a family day care home located at 303 Ashley Court. Ms. McMillan reported that Town Council held a work session on Ms. Bennett's request on February 2, 2010. She went on to say that Mr. Bennett had submitted a petition signed by surrounding property owners stating that they had no objections to Ms. Bennett's requested SUP. Ms. McMillan stated that the Planning Commission unanimously recommended approval of Ms. Bennett's request. The Mayor closed the public hearing at 7:28 p.m. IT-ir. Altice moved to adopt proposed Ordinance No, 896 approving Ms Bennett's request to operate a family day care home at 303 Ashley Court. The motion was seconded by Mr. Nance and passed unanimously on a roll call vote At 7:29 p.m., Mayor Grose opened the public hearing to take comments and questions regarding a proposed amendment to the Town's Comprehensive Plan to incorporate the Vinton Area Corridors Plan. Ms. McMillan reported that on December 7, 2009, the Vinton and Roanoke County Planning Commissions held a joint work eriefta War e#,Tr #R s the proposed amendment to the Town's and the County's Comprehensive Plan. She further reported that the Vinton Area Corridor Plan was developed by the joint efforts of Planning staffs from Vinton and Roanoke County; the Roanoke Valley Alleghany Adopted Ordinance No. 896 approving special use permit for property located at 303 Ashley Court Public ?Nearing to take comments and questions on proposed Ordinance No. 897 to amend the Vinton Comprehensive Plan to incorporate the Vinton Area Corridors Plan Ms. McMillan advised that the process began in the fall of 2008 and involved the following events: 1. A community survey was completed beginning the middle of January, 2008, and was completed by the end of February, 2009 2. One-on-one business owner interviews took place from December, 2008 through the end of February, 2009 and was presented by staff to the Vinton Area Chamber of Commerce during their Annual Meeting. 3. Two community meetings were held on January 29 and June 18,2009. 4. Several stakeholders meetings took place in the Vintc community including the Vinton Public Works Departmer Roanoke County Fire Marshall's Office, paid and volunte( personnel of the Vinton EMS, VDOT and the Blue Rid, 9 Parkway. 5. There were four work sessions with the Plannin Commissioners and a joint staff -led tour of the Vinton stud corridors to familiarize the Planning Commissioners wit potential issues and opportunities during staffs inventory the existing conditions. The Planning Director reported that both the Roanoke County an* the Vinton Planning Commissions unanimously voted to recommeng that the Board of Supervisors and Town Council amend the Comprehensive Plans to incorporate the Vinton Area Corridor Plan. Lyndsey Blankenship, a Roanoke County Planner who serves jointl with Anita McMillan as Service Project Manager, was introduced t give a brief presentation on the Vinton Area Corridors Plan t highlight their efforts up to this point. Ms. Lyndsey advised that there were three main goals fc achievement: 1. to achieve aesthetics along the study corridors I to guide future development and redevelopment along the study corridors; By-pass Road, Hardy Road, South Pollarf, Street, Virginia Avenue, Walnut Avenue and Washington Avenue In a review of the draft document's components, Ms. Blankenshir�, reported that the plan would analyze existing conditions along the study corridors for transportation; bicycles and pedestrians; and amenities. She noted a focus on community facilities and resource preservation, land use development, community involvement, goals recommendations and implementation. Ms. Blankenship discussed community involvement and advised th the committee had conducted a community survey early in t process along with business owner interviews and a photograph inventory along the study corridors. She noted that the committ had presented their information to Chamber of Commerce membe and worked with them to develop an analysis of the development an n redevelopment opportunities. She also noted that the committ held community meetings in January and June of last year an conducted state corridor interviews with VDOT, Vinton's Pubf Works Department, Fire and Rescue personnel as well as with th Blue Ridge Parkway and Economic Development staffs from bot Roanoke County and the Town of Vinton. Ms, Blankenship noted that the Plan had received favorable recommendations from both Roanoke County's and the Town of Vinton's Planning Commissions. She displayed a map that showed redevelopment and development opportunities along the corridors in tast Roanoke County and the Town of Vinton. Following a short discussion regarding recommendations for four future land use scenarios, Ms. Blankenship reported that staff had developed an implementation table that included short, mid and long term implementation tables that will hold the various entities accountable for the things that need to be done. She went on to say that the committee is looking at the following: amending the commercial matching grant and downtown facade programs t. doing entrance corridor overlay districts and design guidelines for all the study corridors 3, looking at greenways and historical resources with a very heavy focus on pedestrian amenities, streetscape amenities and transportation improvements. 7 highlights ideas for the Town to capitalize on commuters and tourists traveling along the Town's study corridors. She pointed out Roanoke County hired a consultant in 2007 who came up with a way to improve ingress and egress for William Byrd High School and Middle School by extending the east bound turn lane to add more "stacking spaces" at peak school times. She noted that extending the turn lane would be a revenue sharing project. Ms. Blankenship concluded her report with a review of the adoption process, Mayor Grose thanked her and expressed his appreciation to everyone involved for the very thorough report. The other Council members echoed the Mayor's comments. Mr. Nance pointed out that tax payer money had not been spent to complete the study, as it had been very successfully accomplished by Town and Roanoke County staff, Roanoke County and Town of Vinton Planning Commissions and the Vinton Area Chamber of Commerce. Mayor Grose closed the public hearing at 7:45 and called for-7 motion to adopt proposed Ordinance No. 897 amending the Vintor, Comprehensive Plan to incorporate the Vinton Area Corridors Plan. Ms. Fidler moved to adopt proposed Ordinance No. 897 and Mr. Altice seconded the motion. The motion passed on a unanimous rol,� call vote. Mary Beth Layman gave a brief overview of the proposed Special Events Policy that had been previously discussed in a work session two weeks before. She noted that the document consists of the policy and instructions, fees, an addendum regarding use of the War risk management details and a special event application. She noted that Consuella Caudill, Mike Kennedy, Ben Cook, Beth Austin and Laura Reilly worked on the document with input from the Vinton Area Chamber of Commerce and the Vinton Dogwood Festival. She went on to say that several comments and suggestions made by Town Council have also been implemented into the policy. Ms. Layman listed the following approved locations for special events: 1 . Vinton Farmers Market 2. Vinton War Memorial Building and/or Grounds 3. Vinton Municipal Building and/or Grounds 4. Wolf Creek Greenway 5. Downtown Streets including and limited to Lee Avenue, portions of Walnut Avenue, North and South Pollard, portions of Maple Street, portions of Washington Avenue Adopted a Special Events Policy i. Certain Streets can be identified for neighborhood block parties or neighborhood watch group meetings. Mayor Grose reported that this policy has been thoroughly studied by Town Council, and Mr. Altice stated that he felt the policy was "long overdue". He also felt that it should be reviewed on a yearly basis to determine if any changes are needed. Mr. Hare asked for assurance that the policy was not setting precedent but was giving structure to what has been done in the past. Ms. Layman re -assured him that the policy is based on what has been done in the past. Mr. Lawrence added that there are some items in the policy that are new, such as the cost for non -Town sponsored special events as well as policies for serving alcohol at an event on Town property and for risk management. Ms. Layman noted that the application operates as a check list-tt assure that all requirements are met. Mr. Lawrence advised that the Town Manager would have the ultimate authority of approval bul appeals of the Town Manager's decision would go to Town Council. Mr. Nance asked if the policy would affect events that take place inside the War Memorial and Ms. Layman responded that the policy would not but would work in conjunction with the War Memorial's operational policy already in place. In response to the Mayor's call for comments, Sabrina Weeks, president of the Chamber of Commerce, spoke in support of the policy. She noted that the Chamber has several ideas for summer ,--vents at the Farmers Market. Ms. Fidler moved to adopt the proposed Special Events Policy, The motion was seconded by Mr. Altice and passed unanimously • a • call vote. The • Manager updated Council on the lease renewal for the Discussed Health Vinton/Roanoke County Health Department Building that is located Depart-ment Building on South Pollard Street. He recalled that the Virginia Department of lease Health notified the Town that they would be terminating their lease and moving most of their services to a building located • Williamson Road in Roanoke City. Mr. Lawrence noted that staff has negotiated an agreement with the State Health Department to allow the clinic to remain on the lower floor of the Health Department Building, at least for the time being. He stated that staff is working with them to establish a one-year lease for use of the lower level of the building with a • to month lease when the one-year lease expires. He explained that the Health Department's lease actually expired in 2006 and they had been leasing the building on a month -to -month basis. M Mr. Lawrence went on to say that he hoped to have the lease signed by the Governor and ready for Council's consideration by the March 16 th Town Council meeting. The Town Manager explained the basics of the lease as follows: The Health Department would continue to lease the lower level of the building (3,300 square feet). 2. The State Health Department's lease rate would be slightly over $19,000 per year. 3. The main floor would remain vacant and could be leased out by the Town of Vinton. 4. The utilities would continue as they have in the past with the exception of the power bill which will be taken over by the Town who would then invoice the Health Department for 70% of the bill. Mr. Lawrence assured Council that the Health Department would continue to pay rent until the formal lease is worked out. He also assured Council that staff would work on getting another tenant for the upper floor of the building. He pointed out that the State Department of Historic Resources had spoken with staff regarding the rental of the upper floor but due to current economic conditions, they decided to stay where they are in the City for the present. The Mayor reported on a request he received from an organization called "Rebuilding Together". He explained that the organization makes improvements and repairs on homes for disadvantaged homeowners. He went on to say the organization had done work on homes in Vinton and in Roanoke City and had plans to make repairs on a home in Vinton this year. Mayor Grose pointed out that investing in home and neighborhood improvements is included in the vision statement developed at their Council retreat the year before. He also pointed out that although Town Council may not be able to invest as much as they would like, even a relatively small donation would help. Mayor Grose advised that the organization had requested a donation of $2,800. He explained that the requested donation was not included in the current budget, however, the Town Manager had advised him that there were funds in the budget that could be used to 10=4 11 - 011414MIARI� IN cover this expense. He added that he would like to see the Town include at least $2,800 each year for this worthy organization as it would be a small step in improving neighborhoods and the quality of life in Vinton. He asked Council to consider this request over the next two weeks and requested that the Town Manager include this item on the March 2 d agenda. Ms. McMillan reported that Roanoke County waived all permit fees for work done by the organization last year and she planned to request that they do so again this year. I r l iil�111111 MIT ten percent. Ms. Fidler asked if Council would have an opportunity to see the budget before Department Heads make their cuts, Mr. Lawrence replied that Council would be given information on what was being cut and what the impact would be. Following a comment by Mr. Hare regarding the incredible job done by Public Works to clear the streets of snow after the last snow storm, Mr. Lawrence advised that the snow storm had increased the number of potholes in the Town streets and asked Council to report any new potholes they notice. Mr. Booth suggested that when Police Officers of the Month are recognized, they be invited to attend the meeting with their families and that the Town provide a small reception for them. Mr. Nance explained that they are recognized at the yearly Police Banquet. He went on to say that it is very difficult to have the officers attend Council meetings due to their tight schedules. The Mayor replied that he hoped to be able to do a few special recognitions next year if there are adequate funds in the budget to cover the cost, Mary Beth Layman updated Council on the Town's Facebook page s-ind reported that the Town now has over 1,050 fans. She advised Council of a drawing currently taking place on Facebook to attract more fans. Ms. Layman also updated Council on the work being done on the Veterans Monument at the War Memorial and estimated that it could be completed sometime in May or June, depending on weather conditions. Mayor Grose adjourned the meeting at 8:33 p.m. MEE32901MAM IN MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:0* P.M. ON TUESDAY, MARCH 2,2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. M- INIMUMMI,• ENNUI "TTR . a - Agenda A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA III I J. K I 1 Request to Approve Minutes for Regular Meetings of January 5 and January 19, 2010 2. Request to Recommend Appointment of Don Altice as an Alternate Member of the Vinton Board of Zoning Appeals — Resolution No. 1858 ACTION: ADOPT RESOLUTION NO. 1858 AWARDS, RECOGNITIONS, PRESENTATIONS 1. William Byrd Middle School Youth Presentation CITIZENS' COMMENTS AND PETITIONS TOWN ATTORNEY TOWN MANAGER MAYOR 1 Request to Allocate Funding for "Rebuild Together" Program — Resolution No, 1859 COUNCIL CLOSED ITTIEETING 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 publi# 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 RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING ADJOURNMENT Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, William Booth gave the invocation and Mr. Altice and Pledge of Alle- led the Pledge of Allegiance to the U.S. Flag, giance to U.S. Flag The Consent Agenda was approved on motion by Mr. Nance and seconded by Ms. Fidler, with all in favor. Mr. Lawrence introduced Tammy Goode, Sherese Thompson from William Byrd Middle and Justin Mills from William Byrd High School, who gave a presentation on a project they are working on with the Prevention Council of the Roanoke Valley to get funding for the Rachel's Challenge program at William Byrd to teach students the fundamentals of choosing not to take part in risky behaviors. Sherese Thompson noted that the program was founded as a memorial to Rachel Joyce Scott who was the first person shot in the Columbine shooting in 1999, Mayor Grose thanked the students for coming and commented that their presentation was impressive, shocking and disturbing. He made a personal pledge to do what he could to increase awareness of the program in the Vinton community. Mr. Nance stated that the presentation was powerful and very well presented. The other Council members concurred with the Mayor's and Mr. Nance's comments. Ms. Dillon updated Council on the Lewis vs. the Town of Vinton court case that came about after Mr. Lewis fell into a manhole, She advised that a "Demur' was filed on the Town's behalf and was upheld by the judge who found in favor of the Town. She advised that the case will be dismissed. Mr. Lawrence reported that Mr. Lewis, who was a Roanoke County Firefighter stationed at the Vinton Firehouse, was forced to retire after the injury. The Mayor asked the Town Attorney if the Town has a say as to whether or not a claim is paid or whether it's taken to court, and Ms. Dillon replied that generally, the insurance company will determine whether they need to fight the claim or to settle it. She went on to say that the insurance company would probably ask whether the local government wants to settle or go to trial. N Mr. Lawrence reported that the Townofficials have had meetings with a group of business owners in the Town over the past year to discuss complaints,perceptions,problems an• difficulties, espewith cially change of •costs pointedas a result. He out • of o problems they incur are due to State statutes over • has no control. The Town Manageradvised that, less than a month.•f the Mayor, Ms. Caudill and he had met with Mr. Goodman and Mr. Altizer from Roanoke County a few weeks ago to discuss the concept of a grant program • assist with - of use costs,-• that the purpose of - grant would be to acknowledge .d costs• •_ of • •- issues, ADA d accessibility issues, He further stated that the grant program would be comparable to the fagade grant program where the business owner would apply for: cover f- .s- of g- of oe grant would be shared by the Town and Roanoke County on a 50/50 basis. He added that staff had met once to discuss the issue and would be meeting again - following During the discussion, Mr. Lawrence advised that businesses would be required to have a minimum investment of $1 !11 and will have to be in business for at least a year to qualify for a grant. He also pointed out • - money the business spent,• - willing the Town would • - to Mr. Lawrence reported that Roanoker .• developed Change of Use brochure • that Townbe working County•develop •• •wn containing information requirementss •- of The Mayor stressed that this is proposal is very preliminary and that there would be -ral steps to complete before the grant would become a reality. He stated that the program would be a low cost program that ws • • - available to not more than • - or a businesses a year.• • -• that a majorpoint of program would be education so that prospective business owners have information they need at the beginning of s than after they have gotten fully involved. Fidler -d if the information• +d be posted on • would be posted on line after the form has been developed. Mayor website and Mr. Lawrence replied that the change of use information Grose recommended that prospective business owners be given information when they first come into the office that gives step by step guidelines on what they need to do when opening a new business. Mr. Hare questioned whether the Town needs to do something to attract contractors to the Town and Mr. Lawrence replied that there are already many contractors who have businesses in the Town. Mr. Lawrence reported that the kick-off Downtown meeting has been scheduled for March 25 th , at the War Memorial from 4:00 to 6:00 p.m. He went on say that there would be a design charrefte at the War Memorial in April. He explained that the charrette would be a three day intensive design program where designers will be present to try to pull ideas from citizens for the downtown area. The Town Manager reported that a survey had been developed that will be available on Survey Monkey; a zip code survey will be done by some businesses in Town to see where people who shop in Vinton are from, why they are coming and what they spend. Mr. Lawrence advised that he had forwarded an email he had received from Mr. Janney at Vinton Appliance who stated that he was not very happy with the Town's decision to put up the "No Parking" signs on South Pollard Street. The Town Manager stated that he believes there needs to be some "re -learning" by the public on parking in that area. He noted that some people are parking in the Post Office's lot and along Lee Avenue. He noted that he felt the downtown business people need to park at the Farmers Market which is in the next block and has lots of parking space. Ms. Fidler commented that the traffic flow is much improved now. Mr. Lawrence advised that he would make a point to talk to the business owners that have been affected by the removal of the parking spaces to let them know why the Town made the decision to remove the parking spaces and to advise them of other options they may have for free parking. Mayor Grose reported on a request from Roanoke City's Mayor Bowers for a contribution in support of the "Rebuild Together" program. The Mayor noted that the issue had been discussed at a previous meeting with a consensus of Council agreeing to fund the request. He reported that the Town Manager had advised him that there were unspent funds in the current budget that could be used for the requested contribution, Mr. Lawrence explained that the funds would come from the War Memorial Grant Account which is used to pay for staffs use of the War Memorial for meetings and for other Adopted Resolution No. 1859 approving fairithigi f4it "ft*tVI,0hI& Together" E Town sponsored events. He explained that the account currently has a balance of $4,000, most of which will probably not be needed *,efore the end of the current budget year, Ms. Fidler moved to adopt proposed Resolution No. 1859 authorizing the Town Manager to enter into an agreement with "Rebuilding Together" to become a sponsor for the 2010 program. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote, 11• 511 U _M =-# I - a of Mr. Lawrence reported on a request by a homeowner who has difficulties with his septic system and cannot afford to hook up to the Town's sewer system. He noted that connection costs to the Town's water or sewer system has to be paid before the connection is made. Mr. Lawrence stated that it would cost the homeowner $6,300 to connect to the Town's sewer system, and pointed out that the Town does not have a policy for hardship cases, He added that he has asked the homeowner to submit his request in writing. In further discussion, the Town Manager expressed misgivings regarding a suggestion to allow the homeowner to make installment payments or for the Town to loan them the funds as he felt that either of these options would be too risky due to the limited availability of Town funds. He went on to say that it would have to be up to Council to set a policy to allow the Town to extend credit if they wish to do that. Mr. Lawrence commented that he felt an obligation to pursue all options to try to help the homeowner solve his sewer problem. Mayor Grose stressed that he did not feel comfortable making loans with Town money but if the Town is forced to consider it, the Town should insist that the homeowner provide proof that they had tried to get financing for the sewer connection from other sources. Mr. Hare asked if the Town could provide any in -kind services to make the connection and Mr. Lawrence replied that $2,600 of the $6,300 would be system development fees and does not cover any of the actual labor costs. The Town Manager reported that he understood the Health Department would not allow the homeowner to put in a new septic system because there is not enough land available and/or the soils do not "percolate". After further discussion, it was the consensus of Council that the Town cannot afford to offer a loan to the homeowner to connect to the Town's sewer system. Discussed issue re- garding a connection to Town's sewer system by a home owner who's septic system is failing. I IN I ir-1*01 111 Im a 0 rom Ek'AMom to I I lerom 197*17711224 3 Pinifir-1 a a Ms. Fidler updated Council on a meeting she attended with the Explore Park Consortium and the Virginia Recreation Authority that took place last week. She advised that a professor from Virginia Tech was in attendance at the meeting and conducted a presentation on several options for Explore Park. Ms. Fidler briefly discussed some of the options that the Professor presented. Mr. Lawrence added that the landscape architect professor would be helping the consortium get their ideas down on paper. Mr, Nance expressed his appreciation to Officer Harris of the Vinton Police Department for handling an issue for his wife very professionally earlier in the week. Mr. Nance pointed out that Council has yet to have a formal tribute to Vice Mayor Billy Obenchain, who passed away in December, felt they needed to do so in the very near future. Following a discussion as to what the tribute should be, Mayor Grose reported that the Chamber of Commerce has plans to dedicate their first event at the Farmers Market this summer to the late Vice Mayor with some of the proceeds from that event possibly being donated for cancer treatments. Mr. Altice suggested that the Town purchase one of the columns at the Veterans Monument that would be dedicated in honor of Mr. Obenchain. It was the consensus of Council that they look into buying a bench, a column, etc. to dedicate to Mr. Obenchain. A brief discussion took place regarding the earlier presentation by the William Byrd Middle and High School Students and what the Town might do in support of "Rachel's Challenge". Ms. Fidler moved to convene in a closed meeting pursuant to Section2.2-3711 (A) (3) of the Code of Virginia, as amended, for discussion or consideration of the acquisition of real property for a public purpose, or 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. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote. At 10:03 p.m., the regular meeting was reconvened and the Certification that the meeting was held in conformity with State law Town Manager read and approved on a motion by Mr. Nance, tha) was seconded by Ms. Fidler and passed unanimously on a roll call vote. on Ems I =* ACTION NO. Reso. 1862 ITEM NO. F. - 2 TO: Christopher Lawrence, Town Manager FROM: Benjamin L, Cook, Police Captain DATE: April 2, 2010 SUBJECT: Roanoke Area Criminal Justice Information Network (RACJIN) ISSUE/PURPOSE: Review the RACJIN Memorandum of Understanding and Governance Agreement for approval ACTION REQUESTED: Approval of the RACJIN Memorandum of Understanding and Governance Agreement and authorization granted to Town Manager to sign these documents JUSTIFICATION/ SUMMARY: The Vinton Police Department has been working with Roanoke City, Roanoke County and Salem Police Departments to implement a valley -wide computer database that would allow agencies the ability to obtain criminal information from incident reports, arrest records, traffic tickets, and many other sources of data from these jurisdictions. This project has been ongoing since 2007. A vendor has been selected (Mernex, Inc.) to implement this system, which is nearing completion, Three of the four agencies involved have had data loaded into the RACJIN server and are able to retrieve information from it; this includes Vinton Police Department. This system is a valuable source of information in the investigation and prevention of criminal activity, IRM �0 �_' IMPACT: The original funding for this initiative, except for a small portion from each participating jurisdiction, was through a grant provided by the Virginia Department of Criminal Justice Services. As shown on Exhibit A of the Governance Agreement, the cost sharing percentages are based upon sworn officer allocation for each department. Vinton Police Department is responsible for 5% of the cost of this project. The cost varies over the next five years as shown on the exhibit pages, Mernex, Inc. has included maintenance service with the original contract for three years after the system is fully operational. After that time, the yearly cost of the system will increase because the maintenance service will have to be paid for by participating localities. Vinton Police Department will continue to be responsible for 5% of the total costs, DATE ACTION NEEDED: April 6,2010 1,01*19111 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD iOg TUESDAY, APRIL 6, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF T, 11= VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTo VIRGINIA I WHEREAS, Section 15.2-1300 of the Code of Virginia provides that an agreement providing for the joint exercise of any power, privilege or authority by two or more political subdivisions of this Commonwealth shall be approved by ordinance; and WHEREAS, the City of Roanoke, City of Salem, Town of Vinton and the County of Roanoke desire to cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records (the "Project"); and WHEREAS, this Project is known as the Roanoke Area Criminal Justice Information Network (RACJIN); and WHEREAS, these political subdivisions have negotiated a Memorandum of Understanding and a Governance Agreement that establish a general framework of governance, the sharing of data and the allocation of costs between the parties, details the operation and management of this Project, and provides for other localities and governmental entities to participate; and BE IT ORDAINED, By Vinton Town Council, as follows: 1 That the joint exercise of powers, privileges and authority with the City of Roanoke, the City of Salem and the Town of Vinton in the establishment and maintenance of an information sharing system for police and law enforcement &Iectronic data and records is hereby approved and authorized. The Town Manager is authorized to execute the Memorandum of Understanding and the Governance Agreement on behalf of the Town implementing this Project ,jpon form approved by the Town Attorney. Z That this ordinance shall be effective from and after the date of its adoption. Motion made by Councilmember , and seconded by Council - member , with the following votes recorded: AYES: USA I Efiff *-W Roanoke Area Criminal Justice Information Network R.A.C.J.LN. 1.0 Purpose 1.1 The general purpose of this Governance Agreement ("Agreement") is to facilitate the Participating Agencies desire to cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records. This Agreement shall formalize the organization, composition and nature of the relationships among Participating Agencies, This Agreement outlines the conditions under which the Participating Agencies will share and use the information obtainable from the R.A.C.J.IN. Project. 1.2 All Participating Agencies, as well as all individuals who operate or use the R.A.C.J.I.N. Project, agree to adhere to the guidelines specified in , this Agreement and to support the public benefit derived from the electronic sharing of public safety information. 2.0 Definitions "Charter Member" — Charter Members shall be defined as the founding jurisdictions for the R.A.C.J.I.N. project, These original founding jurisdictions are The City of Roanoke, Roanoke County, the City of Salem and the Town of Vinton. "Executive Board" - The Executive Board shall be defined as the governing board for the R.A.C.J.I.N. Project. The Executive Board shall consist of a maximum of seven (7) members. Members of the Executive Bo ard will include the chief executive or their designee from each of the four (4) Charter Members and up to three (3) representatives from the other Originating Agencies participating in the R.A.C.J.I.N. Project. The initial Executive Board will be comprised of the chief executive or their designee from each of the, four (4) Charter Members. Only one (1) member from each Participating Agency may serve on the Executive Board at a time. For example, a representative from a police department and sheriffs office from the same locality may not serve on the Executive Board at the some time. "Governance Agreement" — The Governance Agreement shall be defined as the agreement entered into by all Originating Agencies that details the operation and management of the R.A.C.J.I.N. Project including but not limited to the maintaining and sharing of electronic data and records between Participating Agencies as well as determining the allocation of cost among those same Participating Agencies. "Host Agency" — The Host Agency shall be defined as the entity who hosts and collects the electronic data and records for the R.A.C.J.I.N. Project. The Host Agency shall also serve as the fiscal agent for the R.A.C,J.I.N. Project including any grants intended to Roanoke Area Criminal Justice Information Network Governance Agreement Page I of I I benefit the R.A.C,J.1,N. Project. The Host Agency of the R.A.C.11.N. Project is the City of Roanoke. "Originating Agency" — An Originating Agency shall be defined as a governmental or law enforcement entity that provides or originates electronic data or records to the R.A.C.J.I.N, Project. Each of the four (4) Charter Members are also Originating Agencies. "Participating Agency" — Any agency that participates in or provides data to the R.A.C.J.I.N. Project. "User Agency"— A User Agency shall be defined as a governmental or law enforcement entity that accesses or utilizes electronic data or records from the R.A.C.J1N. Project as a view only user. 3.0 Organizational Structure 3A The R.A.C.J.I.N. Project will be governed by an Executive Board; The Executive Board will be comprised of up to seven (7) members that will include the chief executive or their designee from each of the fouf (4) Charter Members and up to three (3) representatives from the other OriginatftigAgencies participating in the R.A.C.J.I.N. Project. Only one (1) member from each participating locality may serve on the Executive Board at a time. For example, a police department and sheriffs office from the same locality may not serve on the Executive Board at the same time. The initial Executive Board will be comprised of the chief executive or their designee from each of the Charter Members. The directorship of the governing board shall rotate on a yearly basis between the chief executives on the Executive Board. Each representative of an agency on the Executive Board must have completed their one year term of directorship prior to the representative of any agency serving an additional year as director. Members on the Executive Board may not defer their directorship to any other agency. The Executive Board shall act by, anlaJority vote. Tie votes on the Executive Board will be decided by the director.' The Executive Board shall meet as determined necessary by the Executive Board, but at least twice annually during the months of March and September, to perform the functions and duties required by this Agreement. The times, dates and subject matter shall be fixed by the Executive Board. The Executive Board shall use Roberts Rules of Order for the proper conduct of its business, The Executive Board shall comply with all existing and applicable state laws, federal laws, rules and regulations, 3.2 The Executive Board may establish subject matter committees to ensure the continued success of the R.A.C.J.I.N. Project. These committees may include an Information Technology group, a Business / Policy Group and user groups such as a Crime Analysis, Patrol or Criminal Investigations. These subject matter or user committees may be authorized to develop and recommend policies, procedures and business practices to the Executive Board. Roanoke Area Criminal Justice Information Network Governance Agreement Page 2 of I I 33 The Executive Board may, as it deems appropriate, create policies, procedures, practices and/or rules affecting the day-to-day operations of the R.A.C.J.I.N. Project. All User Agencies, to the extent applicable to them, shall agree to follow and comply with the policies, procedures, practices and/or rules established by the Executive Board, .3.4 The Executive Board may decide to have the Host Agency apply for grants to aid in funding the R.A.C.J.I.N. Project. However, prior to applying for any grant, the Executive Board will notify each Originating Agency prior to filing the application for the grant. 4.0 Governance of the R.A.C.J.I.N. Project 4.1 This Agreement is initially entered, into among the Charter Metribers. Each Charter Member has been authorized by its, respective governing body to enter into this Agreement. Charter Members agree,to supply data to the R.A.C.11.N. Project, 4.2 The R.A.C.J.I.N. Project will be governed through the Executive Board. The Executive Board may act to authorize other local governments or law enforcement Agencies to participate as Originating Agencies in the providing and sharing of information to the R.A.C.J.I.N. Project. In order to be considered for admission to. the R.A.C.J.I.N. Project as an Originating Agency, a potential local government or law enforcement agency shall submit a letter of intent to the Executive Board requesting such admission. The Executive Board shall require And determine the initial capital contribution required of any such new Originating Agency, and the ' annual fee to be paid by such agency for its participation in the R.A.C.I.I.N. Project. The capital contribution and annual fee or fees shall ;be proportional and shall be determined based on the number of Sworn Officers,: for each Originating Agency as documented in "Crime in Virginia" compiled in the Uniform Crime Reporting Section of the Virginia State Police annual report. The Executive Board shall determine the form, term and content of any agreement to be executed by the new Originating Agency to gain access to the R.A.C.J.I.N. Project. 4.3 The Executive Board may authorize User Agencies to view data in the system as supplied by the Originating Agencies, A fee for access to the system data as a User Agency will be established by the Executive Board. In order to be considered for admission to the R.A.C.J.I.N. Project as a User Agency, a potential local government or law enforcement agency shall submit a letter of intent to the Executive Board requesting such admission. The Executive Board shall Roanoke Area Criminal Justice Information Network Governance Agreement Page of 11 determine the form, term and content of any agreement to be executed by the User Agencies to gain access to view data within the R.A.C.J.I.N. Project. 4.4 Originating Agencies may be removed from participation in the R.A.C.J.I.N. Project for just cause and with due notice provided. Originating Agencies may be removed with a minimum three fourths or 75% vote of the Executive Board, Criteria for removal from participation in the R.A.C.J.I.N. Project shall include, but not be limited to the failure to uphold any financial obligation due the Host Agency of the R.A.C.J.I.N. Project under this Agreement and any User Agency Agreement approved by the Executive Board. 4.5 User Agencies may be removed from participation in the_ R.A.C.J.I.N. Project by a majority vote of the Executive Board. Criteria for removal from participation in the R.A.C.J.I.N. Project shall include, but not, he limited Ao, failure to uphold all financial agreements or failure to conform to rules as established by this Governance Agreement and any Us er Agency Agreement 'approved by the Executive Board. 4.6 Any Charter Member may voluntarily terminate its relationship with the R.A.C.J.I.N. Project and, withdraw from this Agreement for any cause, or no cause, at the end of the then current term of the Memorandum of Understanding upon ninety (90) days written notice to all other Originating Agencies of its intent to withdraw from participating in the R.A,C.J.I.N. Project. 4,7 Each Origiiiati , ng 'and User Age'ricy shall appoint one agency representative who will act as the R.A.C.J.I.N. Project liaison and will facilitate coordination and communication between the agency and any business associated with the R.A.C.J.I.N. Project. The agency 'representative may approve, deny or revoke individual access for its employees to the information available in the R.A.C.J.I.N. Project, 44 Any amendments to this Agreement must be approved by a majority of the Executive Board prior to execution of such amendment by each Participating Agency, 5.0 Effective Date and financial Contributions 5.1 This Agreement will become effective on 5.2 Financial contributions in support of and for access to the R.A.C.J.I.N. Project will be due in quarterly installments on August I't, November I't, February I't and May I" of each year to the fiscal agent of the R.A.C.J.I.N. Project. The City of Roanoke shall serve as the Host Agency and fiscal agent for the R.A.C.J.I.N. Project. The amount of any required financial contribution will be determined by the Cost Sharing Formula set forth in the Memorandum of Understanding and this Agreement, The Cost Sharing Formula will be evaluated after the first three (3) Roanoke Area Criminal Justice Information Network Governance Agreement Page 4 of I I years of this Agreement to consider the implementation of a useage based cost sharing formula. The Cost Sharing Formula may only be amended by a majority agreement of all Charter Members and such agreement must be consummated by amending the Memorandum of Understanding and this Agreement. However, no one user shall pay more than 52% of the cost of the R.A.C.J.I.N. Project, 5.3 All Originating Agencies and User Agencies agree to pay an annual financial contribution to the Host Agency on a quarterly basis in accordance with the Cost Sharing Formula and under the terms of this Agreement. 5.4 The initial financial contribution due from each Charter Member under the Cost Sharing Formula for all capital investment and annual fees shall be allocated as follows : City of Roanoke 52% Roanoke County 29% City of Salem 14% Town of Vinton 5% Utilizing the Cost Sharing Formula set forth above, the Host Agency will bill each of the Originating Agencies for their respective share of the annual cost for the acquisition, operation and maintenance of the R.A,C.J.I.N. Project on a quarterly basis as set forth in paragraph 5.2. ' Such shared costs shall include, but not be limited to include, the cost to acquire the'software and any hardware, the cost of software and -hardware support, cost of maintenance to both the software and hardware, and the administrative costs to operate and maintain the R.A.C.J.I.N. Project. A'good faith estimate of the anticipated cost for the next five (5) years of operation for the R.A.C.11.N. Project is attached as Exhibit "A". This good faith estimate is merely'a tool' to,assist the Originating Agencies in budgeting for the anticipated cost of the R.A.C.J.T.N, Project. The actual cost of the R.A.C.J.I.N. Project shall govern the amount billed to each Originating Agency under the Cost Sharing Formula. The estimate of 5 year projected costs is made in good faith and will be adhered to within a plus or minus of 15% for costs related to the salary and benefits of the Host Agency project manager. Although the remaining cost projections, not, including project management, are made in good faith, the actual prices ;of these expenses shall not exceed market price at the time of need or purchase. All unforeseen costs related to the efficient operation of the R.A.C.J.I.N. Project not listed in the good faith estimate will be based on the market'price of such item or service. All expenditures related to the R.A.C.J.I.N. Project shall be pre approved by the Executive Board with a majority vote. 6.0 System Architecture / Agency Responsibilities Roanoke Area Criminal Justice Information Network Governance Agreement Page 5 of I I 6.1 The R.A.C.J.I.N. Project will be configured with a centralized server housed with the Host Agency. The server will maintain a real time copy of the data from all Originating Agencies. 7.0 Security T1 Originating and User Agencies agree that the law enforcement information and data available in the R.A.C.J.I.N. Project shall be used for law enforcement purposes only, and that only currently employed law enforcement agency, employees that have been subjected to background screening will be allowed access to the system, Background screenings must be fingerprint -based including checks of both the state and national criminal history repositories. If a felony conviction of any, kind is found, access to the R,A,C,J,I.N. Project shall not be granted. T2 Originating and User Agencies agree to enforce and maintain security requirements for R,A.C,J.1,N, Project systems and networks as specified in the Techni Cal Requirements Section of the Federal Bureau of Investigation's Criminal Justice Information Systems Security Policy. Exceptions to the above Policy shall not be implemented by any originating or Participating Agency without the approval of the Executive Board. 7.3 Violation of security agreements may be justification for removal of any Originating or User Agency from access to the system information contained in the R.A,C.J.I.N. Project. 7.4 Originating and User Agencies agree to have all individuals, employed by their respective agency, who have access to the information available in the R.A.C.J.I.N. Project sign a security policy that details all responsibilities for using the RACJIN and the restrictions under which information available in the R.A.C.J.I.N., Project `may be used or not used. The security policy shall be signed at the conclusion of formal training in system use and prior to the issuance of a system logon and or password, 8.0 Da,ta,Access and Data Sharing 8.1 Access to law, enforcement information available in the R.A.C.J.I.N. Project will be provided utilizing a secure network configuration that is mutually acceptable to the originating agencies. Originating Agencies agree to make the law enforcement information available in the R.A.C.J.I.N. Project available on a 24-hour a day, 7 days a week basis with downtime limited to those hours required for any necessary system maintenance activities. Originating Agencies agree to inform each other in advance, whenever possible, of scheduled system downtimes. 8.2 Data contributed by each Originating Agency will be shared with all Originating and User Agencies that have entered into this Agreement or such User Agency Agreement as approved by the Executive Board. The Originating and User Agencies further agree not to facilitate information sharing between law enforcement entities that have not entered into agreements approved by the Executive Board allowing such sharing or which have executed this Agreement, Roanoke Area Criminal Justice Information Network Governance Agreement Page 6 of I I 8.3 Originating Agencies may opt to limit access and not supply the relevant data of certain specific information regarding internal investigations. Should any Originating Agency withhold any record for any reason, that agency will notify the members of the Executive Board each time a decision is made to exclude data from the R.A.C.M.N. Project. 8A The information available in the R.A.C.J.I.N. Project may be used as proofs to acquire accreditation under the State of Virginia Law enforcement Accreditation program or the Commission on Accreditation for law Enforcement Agencies. 9.0 Information Ownership / Information Accuracy 9.1 Originating Agencies shall maintain ownership of all of their information at all times. Any requests for access to information available in ;the R.A.C.J.I.N. Project that are not authorized under current agreements between the requester and the owner(s) of the information will be referred to the owner(s) of the information, being requested. Information shall not be made available to any unauthorized requestor without the approval of its owner or owners. Originating Agencies agree that the restriction established by this provision may not apply when.fesponding to orders of the Court, however all subpoenas for records contained in the R.A.C.J.I.N. Project shall be forwarded directly to the agency that supplied the original information, 9.2 Media inquires relating to the information available in the R.A.C.J.I.N. Project shall be referred to the Originating Agency who owns the data„TheOriginating Agency shall be deemed to be the custodian of thailrecord for the, purposes of the Freedom of Information Act. All lawful exemptions of the Virginia Freedom of Information Act shall apply to any records maintained or shared under this Agreement. Media inquires relating to the R.A.C,J.LN1., Project itself and not any specific information available in the system shall be referred to the current director of the Executive Board. Media releases concerning successful investigation ' s as a result of the use of information available in the R.A.C.J.I,N. Project are authorized if only information owned by the agency making the release is used in the release. 9.3 Originating and User Agencies agree that the law enforcement information and data available in the R.A.C.J.I.N. Project consists of information that may or may not be accurate. To the extent permitted by law, each Participating Agency agrees to hold the other Participating Agencies blameless for any harm that may arise due to the inaccuracy of any information they have submitted. A disclaimer notice will be posted by the Host Agency on the R.A.C.J.I.N. Project for all users to read prior to accessing any data. 9.4 Originating Agencies agree to make every reasonable effort to provide accurate data to the R.A.C.J.I.N. Project. Any Originating Agency that discovers that the information it's providing to the R.A,C.J.I.N. Project is inaccurate or corrupted, should notify the other Originating and User Agencies of such discovery. Originating Agencies further agree to make a reasonable effort to fix in a timely manner any inaccurate or corrupted data once Such inaccuracies are discovered. 10.0 System Information / Data Management Roanoke Area Criminal Justice Information Network Governance Agreement Page 7 of I 1 10.1 The benefits to public health, safety and welfare derived from the R.A.C,J.I,N. Project are dependant on the quality and comprehensiveness of the Originating Agency's data that is supplied for system use. Therefore, the Originating Agencies agree that the quality and precision of the data that is entered or available for sharing is the responsibility of each Originating Agency and each Originating Agency agrees to make all reasonable efforts to have its respective information gatherers complete their reports and other paperwork in a manner consistent with this Agreement. 10.2 Originating Agencies agree to make every reasonable effort to have information gatherers collect and provide the following information fields in an accurate manner to any agency database that provides available information to the R.A1C.J,LN. Project: All personal identifying information Alias information Scars, marks and tattoo information 4 Unique method of operation (MO) information Vehicle information / traffic summons data Address information 7 Associations and relationship information 8 Active warrant information 9 Any other information agreed to by t46 Executive Board 10.31 Originating Agencies agree to conform to a common means of data representation and terminology for all data that is made available to the R.A.C.J,I.N. Project. 11.0 Audits 11.1 Each Originating and User Agency system administrator must perform a system audit at least twice annually. The audit shall be completed during the month prior to the Executive Board'meeting. Results of the audit shall be presented during the Executive Board meeting along with the actions of the agency in regard to any violations identified during the audit., 11.2 The twice annual audit shall examine the audit trail that is automatically created by the R.A.C.J.I.N. Project. The audit shall examine: I A minimum of 10% of the agencies permitted users 2 Unauthorized searches of system information 3 Searches that may not be related to official law enforcement business or reasons 4 Breaches of security Roanoke Area Criminal Justice Information Network Governance Agreement Page 8 of I I 12.0 Miscellaneous Provisions 111 Nothing in this Agreement is intended to confer or does confer any rights, duties or obligations on any person other than the agencies participating in this Agreement. There shall be no third party rights as a result of acceptance of this Agreement. 12.2 Disagreements and disputes among Originating and/or User Agencies arising under or relating to this Agreement shall be resolved by consultation by and between the affected agencies or, in the event an agreement cannot be reached, through the Executive Board. Disagreements and disputes will not be referred to any court or to any other person or entity for settlement. 12.3 This Agreement may be executed simultaneously in several counterparts, each of which shall be deemed to be an original and all of which shalt constitute but one and the same instrument. 12.E The paragraph headings and numbering in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of the terms of this Agreement. 12.5 The invalidity, illegality or imenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision,hereof. 12.6 No failure of any- party to insist on strict observance of any provision of this Agreement, and no custom or practice: of the parties at variance with the terms hereof, shall be deemed a waiver, of any provision of this Agreement in any instance. 12.7 All obligations or funding due by any participating agency or locality under this Agreement are subject to the availability of funds and the appropriation of such funds by the governing body of each participating agency. If such funds are not appropriated by the governing body of a participating agency, then such participating agency must comply with the termination provisions set forth in this Agreement. 12.7 This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, 118 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument approved by a majority of the Executive Board and signed by the chief executive officer of each Originating Agency. Roanoke Area Criminal Justice Information Network Governance Agreement Page 9 of 11 (Signature Page to Follow) IN WITNESS WHEREOF the governing bodies of each locality listed below have duly authorized this Agreement to be signed on their behalf, by its chief executive officer, By Darlene-Burcham, City Manager By By , County Administrator Roanoke Area Criminal Justice Information Network Governance Agreement Page 10 of 11 By , City Manager , Town Manager Roanoke Area Criminal Justice Information Network Governance Agreement Page I I of I I NMI FA'141E# J1513VATIT-1 M1191X"I L111111 THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and entered into the day of , 2010, by and among the CITY OF ROANOKE, ("City of Roanoke"), ROANOKE COUNTY, ("Roanoke County"), the CITY OF SALEM, ("City of Salem") and the TOWN OF VINTON, ("Town of Vinton"). For and in consideration of the mutual promises and obligations set forth in this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: The general purpose of this Memorandum is to facilitate the Participating Agencies' desire to cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records. This Memorandum is intended to establish a general framework of governance that will allow for the formalization of a Governance Agreement among the Participating Agencies regarding the sharing of cost and data among the parties of this Memorandum for the project known generally as the Roanoke Area Criminal Justice Network project (hereinafter "R.A.C.J.I.N. Project"). This Memorandum is also intended to outline the management of the R.A.C.J.I.N. Project and the ability of the Charter Members to allow participation by other localities and governmental entities, 0 % I DEFfNITIONS "Charter Member" — Charter Members shall be defined as the founding jurisdictions for the R.A.C.J.I.N. project, The original founding jurisdictions are the City of Roanoke, Roanoke County, the City of Salem and the 'Down of Vinton. "Executive Board" - The Executive Board shall be defined as the governing board for the R.A.C.J.I.N, Project. The Executive Board shall consist of a maximum of seven (7) members. Members of the Executive Board will include the chief executive or their designee from each of the four (4) Charter Members and up to three (3) representatives from the other Originating Agencies participating in the R.A.C.J.1,N. Project. The initial Executive Board will be comprised of the chief executive or their designee from each of the four (4) Charter Members. Only one (1) member from each Participating Agency may serve on the Executive Board at a time. For example, a representative from the police department and sheriffs office from the same locality may not serve on the Executive Board at the same time. "Governance Agreement" - The Governance Agreement shall be defined as the agreement entered into by all Originating Agencies that details the operation and management of the R.A.C.J.I.N. Project including but not limited to the maintaining and sharing of electronic data and records between Participating Agencies as well as determining the allocation of cost among those same Participating Agencies. "Host Agency" - The Host Agency shall be defined as the entity which hosts and collects the electronic data and records for the R.A.C.J.I.N. Project. The I -lost Agency shall also serve as the fiscal agent for the R.A.C.J.I.N. Project including any grants intended to benefit the R.A.C.J.I.N. Project, The Host Agency of the R.A.C.J.I.N. Project is the City of Roanoke. "Originating Agency" - An Originating Agency shall be defined as a governmental or law enforcement entity that provides or originates electronic data or records to the R.A.C.J.I.N. Project, Each of the four (4) Charter Members are also Originating Agencies. "Participating Agency" - Any agency that participates in or provides data to the R.A.C.M.N, Project. "User Agency" - A User Agency shall be defined as a governmental or law enforcement entity that accesses or utilizes electronic data or records from the R.A.C.J.1,N. Project as a view only user. F&TINWNW&W lwf� � � a a lur VW I The par -ties to this Memorandum agree that they will enter into a Governance Agreement that will detail the operation and management of the R.A.C.J.I.N. Project including but not limited to the maintaining and sharing of electronic data and records between Originating Agencies as well as determining the allocation of cost among those same Originating Agencies and to establish the fees to be charged to any User or Originating Agency, A draft of the initial Governance Agreement is attached to this Memorandum as an Exhibit. This Governance Agreement may be modified by the Executive Board with the approval of the chief executive for each Participating Agency which is a party to the Governance Agreement. ODLE= ORGANIZATIONAL STRUCTURE Executive Board - The Executive Board shall act to oversee the management and operation of the R.A.C.J.I.N. Project. The Executive Board shall have the following duties, A. The Executive Board may act to authorize other local governments or entities to participate in the R.A.C.J.I.N. Project as an Originating Agency. B. The Executive Board may authorize User Agencies to view data in the system as supplied by the Originating Agencies and may establish the fees for such use. C. The Executive Board shall prepare and submit a proposed annual budget to each Originating Agency prior to the first day of February of each year. D. The Executive Board shall review and approve all cost submitted by the Host Agency for reimbursement under the Cost Sharing Formula and the Governance Agreement. E. The Executive Board shall verify and allocate the shared cost for the R.A.C.J.I.N. Project in accordance with the Cost Sharing Formula set forth in this Memorandum, F. The Executive Board may remove any Originating Agency from participation in the R,A.C.J,I.N. Project for just cause and with due notice to the Originating Agency. The Executive Board shall be the sole determinant of what constitutes just cause. G. The Executive Board may remove any User Agency from the R.A,C.J.I.N. Project for any reason upon a majority vote of the Executive Board. H. The Executive Board may apply for and receive grant funds on behalf of the R.A.C.J.1,N, Project. However, prior to applying for any grant, the Executive Board shall notify each Originating Agency prior to filing the application for the grant. Additional Originating Agencies — The Executive Board may approve the inclusion of additional Originating Agencies to the R.A.C.J.I.N. Project by a majority vote, Daily Administration - The Host Agency shall be responsible for the daily administration and coordination of the sharing and use of electronic data and records under the R.A.C.J.I.N. Project in accordance with the terms of the Governance Agreement. K", —"* W WA PROJECT COST AND ALLOCATION Annual Budget - Prior to the first day of February each year, the Executive Board shall prepare a projected and anticipated annual operating and maintenance budget of the R.A.C.J.1,N. Project for consideration, review, and approval of each of the respective Participating Agencies, Annual Appropriation - The anticipated annual expenses shall be appropriated annually and paid quarterly to the Host Agency in accordance with the approved budget and the Cost Sharing Formula set forth in this Memorandum. The Host Agency shall utilize these funds to coordinate and pay for the annual operating costs, maintenance and other such routine, necessary expenses to maintain and operate the R.A.C.J.I.N. Project. Cost Sharing Formula - The Cost Sharing Formula for the R.A.C.J.I.N. Project for capital contributions and the annual fee or fees to be assessed against each Participating Agency for the initial term of this Memorandum shall be determined proportionately based on the number of Sworn Officers for each Originating Agency as documented in "Crime in Virginia" compiled in the Uniform Crime Reporting Section of the Virginia State Police annual report. In the fiscal first year of this Memorandum and as among the four (4) Charter Members the initial Cost Sharing Formula and/or percentages for all capital investment and annual fees shall be allocated as follows: City of Roanoke 52% Roanoke County 29% City of Salem 14% Town of Vinton 5% The Cost Sharing Formula shall be re-evaluated after the initial term of this Memorandum to consider the implementation of a usage based Cost Sharing Formula, 101 W41 1 W Term. The initial term of this Memorandum shall be from Marchl, 2010 until June 30, 2012, subject to the termination rights of the parties as set forth in this Memorandum. Extension of Term. This Memorandum will be extended for an additional one (1) year term each June 30'h unless a Participating Agency provides written notice to all other Originating Agencies of its intent to withdraw from participating in the R.A.C.11N. Project at least ninety (90) days prior to the end of the then current term. Termination. Any Charter Member may voluntarily terminate its relationship with the R.A.C.J.I.N. Project and withdraw from this Memorandum for any cause, or no cause, at the end of the then current term upon ninety (90) days written notice to all other Originating Agencies of its intent to withdraw from participating in the R.A.C.II.N. Project, EYM14MM-Ul Notice. Any notice, request, or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To Roanoke County: To City of Salem: To Town of Vinton: Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. MEETINGS Meetings. The parties agree that the Executive Board will meet at least two (2) times per fiscal year in order to evaluate the progress of the R,A.C.J.I.N. Project and to discuss the cost allocation for the services being provided by the R.A.C.J.I.N. Project to the Originating Agencies. The Executive Board may meet such other times as it deems necessary or beneficial to the R.A.C.J,I.N. Project MISCELLANEOUS Compliance with the Law. The parties to this Memorandum agree to comply with all local, state and federal laws as the law currently exists or may exist in the future during the term of this Memorandum. Apkropriation of Funds. All obligations or funding due by any participating agency or locality under this Agreement are subject to the availability of funds and the appropriation of such funds by the governing body of each participating agency. If such funds are not appropriated by the governing body of a participating agency, then such participating agency must comply with the termination provisions set forth in the Governance Agreement. Assignment. The provisions of this Memorandum are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headin2s. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum, Severability. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver, No failure of any party to insist upon strict observance of any provision of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance, Governing Law. This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Entire Agreement; This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum shall not be amended or modified except by written instrument signed by the parties, IN WITNESS WHEREOF the governing bodies of each locality listed below have duly authorized this Agreement to be signed on their behalf, [a V MKII a UOTJ061) 0 M , City Manager By County Administrator By City Manager TOWN OF VINTON, VIRGINIA Lm , Town Manager ACTION NO.: Reso. 1863 ITEM NO.: R - 3 TO: TOWN MANAGER'S OFFICE FROM: Barry W. Thompson, Treasurer DATE: March 25,2010 SUBJECT: Destruction of Paid Personal Property and Real Estate Tax Records Tickets ISSUE/PURPOSE: To destroy paid personal property and real estate tax records tickets through 2004 according to provisions of the Code of'Virginia. ACTION REQUESTED: Authorize the Town Treasurer to destroy all personal property paid tax tickets through 2004 and real estate paid tax tickets through 2004, in compliance with the Code of Virginia. JUSTIFICATION/: Under the provisions of the Virginia Pubic Record Act, Sections 42.1-76, et.Seq, of the Code of Virginia, The Library of Virginia, has the authority to regulate the maintenance and disposition of public records belonging to state agencies and local government officials, and requires that record retention and disposition schedules be used as part of the procedures for destroying public records. Pursuant to Section A 1-3129[A] of the Code of Virginia, the Treasurer may, with the consent of Town Council, destroy all paid tax tickets at any time after five years from the end of the fiscal year during which taxes represented by such tickets were paid. SUMMARY: Authorize the Town Treasurer to destroy all personal property paid tax tickets through 2004 and real estate paid tax tickets through 2004, in compliance with the Code of Virginia DATE ACTION NEEDED: April 6, 2010 NO 1UT tMIE91 I WIN -a Ilia IN" I WHEREAS, the Town Treasurer is seeking permission to dispose of old tax records due to their age as well as the need for storage space; and, WHEREAS, under the provisions of the Virginia Pubic Record Act, Sections 42.1-76, et,Seq. of the Code of Virginia, The Library of Virginia, has the authority to regulate the maintenance and disposition of public records belonging to state agencies and local government officials, and requires that record retention and disposition schedules be used as part of the procedures for destroying public records; and, WHEREAS, pursuant to Section 58.1-3129[A] of the Code of Virginia, the Treasurer may, with the consent of the governing body, destroy all paid tax tickets at any time after five years from the end of the fiscal year during which taxes represented by such tickets were paid. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize the Town Treasurer to destroy all personal property paid tax tickets through 2004 and real estate paid tax tickets through 2004 in compliance with the Code qffirginia. Motion made by Council Member seconded by Council Member with the following votes recorded: FAU NAYS: FA X 11 a 60"T a a Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk ACTION NO: Reso. 1864 ITEli NO: F, 4 FROM: Anita J. McMillan, Planning and Zoning Director DATE: April 1, 2010 SUBJECT: Downtown Vinton Business District Revitalization Project VA DHCD CDBG Planning Grant # 09-PG-25 ISSUE[PURPOSE: Downtown Vinton Business District Revitalization Project, VA D11CD CDBG Planning Grant # 09-PG-25, funds accounts to be established. ACTION REQUESTED: Town Council to adopt the attached Resolution 1864, to establish the following funds accounts, as follows: GENERAL REVENUE FUND 200-2404-051 VA DHCD CDBG Planning Grant Funds $35,000 GENERAL EXPENSE FUND 200-8150-323 Downtown Business District Revitalization Project 535,000 JUSTIFICATION: The Town Council on November'), 2009, adopted Resolution No, 14431 authorizing the Town Manager for and on behalf of the Town of Vinton, to file an application for allocation of the Community Development Block Grant (CDBG) funds administered by the Virginia Department of Housing Community Development (DHCD). The VA DHCD has approved and obligated planning grant funds assistance in the amount of $35,000 for the Town of Vinton Business District Revitalization planning project; which $3,000 has been allocated for pre -contract activities BUDGETARY IMPACT: Funds from VA DHCD CDBG are on a reimbursable basis, DATE ACTION NEEDED: April 6, 2010, Town Council regularly scheduled meeting. 1IMMIMIXIMPT119 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 6, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town Council has previously approved Resolution No. 1443., on November 3, 2009, authorizing the Town Manager for and on behalf of the Town of Vinton, to file an application for allocation of the Community Development Block Grant (CDBG) funds administered by the Virginia Department of Housing Community Development (DHCD); establishing a project title; setting forth the amount of funds requested; identifying beneficiaries, authorizing the Town Manager to sign and submit all appropriate information necessary to constitute a proposal for the use of the funds; and authorizing the Town Manager to execute the Planning Grant contract agreement; and WHEREAS, the VA DHCD has approved and obligated planning grant funds assistance in the amount of $35,000 for the Town of Vinton Business District Revitalization planning project; which $3,000 has been allocated for pre -contract activities; and WHEREAS, $32,000 balance will be allocated for the completion of Downtown Economic Restructuring/Marketing Plan and Downtown Physical Improvement Plan, and WHEREAS, the Town Council has previously approved Resolution No. 1854, on January 19, 2010, authorizing the Town Manager for and on behalf of the Town of Vinton, to execute a contract agreement and give notice to proceed to Hill Studio, P.C., for the preparation and completion of the Downtown Economic Restructuring/Marketing Plan and Downtown Physical Improvement Plan; and WHEREAS, in order that these funds can be better accounted for and audited, new accounts to be established. NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town of Vinton, Virginia, does hereby establish budget accounts, which includes the following budget for the Downtown Vinton Business District Revitalization Project. 200-2404-051 VA DHCD CDBG Planning Grant Funds $35,000 200-8150-32' ) Downtown Business District Revitalization Project $35,000 Motion made by I seconded by . with the following votes recorded: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk ACTION NO: Reso. 1865 ITEM NO: G.-I TO: TOWN MANAGER'S OFFICE FROM: Public Works Director DATE: 29 March 2010 SUBJECT: Approval of the Fiscal Year 2010-2011 Roanoke Valley Resource Authority (RVRA) Annual Budget ISSUE/PURPOSE: The RVRA Member Use Agreement dated 23 October, 1991 requires the authority's governing bodies, Town of Vinton, County of Roanoke, and City of Roanoke to approve the annual budget after adoption by the RVRA Board. The RVRA Board adopted the Fiscal Year 2010-2011 budget at its regular meeting on 24 March 2010. The proposed budget is $9,823,390, which is a 5.6% decrease from the for fiscal year's budget. The proposed budget is balanced, expenses being offset by forecasted revenues in the amount of $9,823,390, Rates for Fiscal Year 2010-2011 remain unchanged from the prior fiscal year, The Municipal Rate for the Town will be $45 per ton. The untreated Wood Product Rate remains at $35 per ton. Mixed waste remains at $55 per ton. The rate for tires will be about $2 per tire. These same rates apply to homeowner disposal. The commercial Private Rate remains at $55 per ton. An Executive Summary of the RVRA Budget is attached. A complete copy of the budget is contained in the information packets. The proposed Town of Vinton Budget for Fiscal Year 2010-2011 includes $194,025 to cover the forecasted cost of Regional Landfill charges. This represents an increase, about 1.3%, from the prior fiscal year. Vinton municipal solid waste tonnages are expected to continue at the same levels as the current fiscal year. The 1.3% increase, $3,800, is in the Homeowner Disposal Program, This increase is due to a Fiscal Year 2010-2011 reallocation of fixed cost amongst the member jurisdictions, based upon customers reporting their place of residency when disposing of refuse at the transfer station. Dan Miles, RVRA Chief Executive Officer will attend the 7 April meeting to make a brief presentation on the proposed budget and RVRA initiatives. ACTION REQUESTED: Town Council pass a resolution approving the Fiscal Year 2010-2011 (RVRA) Annual Budget. CITIZENS COMMENTS: Not Applicable. Attachments: (1) RVRA Executive Budget Summary (2) Resolution # Executive Surnmary Roanoke Valley Resource Authority, Fiscal Year 2010-2011 Annual Budget I Revenue Disposal Fees $7,786,670 Interest Income $200,000 Transfer from General Surplus $1,629,080 Sale of Recyclable Material $44,640 Miscellaneous $38,000 Transfer — Rutrougb Road $125,000 Total $9,823,390 I Expenses Personnel $1,818,943 Operating $3,907,661 Capital $15,000 Transfer to Reserves $1,310,000 Debt Service $2,771,786 Total $9,823,390 AT REGULAR MEETING OF THE VINTON'rowN COUNCIL HELD ON TUESDAY, APRIL 6, 2010, AT7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton, along with Roanoke County and Roanoke City are the governing bodies of the Roanoke Valley Resource Authority (RVRA), WHEREAS, in accordance with the Member Use Agreement dated 23 October 1991, the annual budget of the Authority must be submitted for approval by each of the governing bodies after approval by the RVRA Board; and WHEREAS, on March 24, 2010, the RVRA Board approved the 2010-2011 annual budget in the amount of $9,823,390. NOW THEREFORE BE IT RESOLVED, that the Vinton Town Council does hereby approve the 2010-2011 operating budget in the amount of $9,823,390 to operate and maintain the Roanoke Valley Resource Authority. Adopted on motion made by Councilmember and seconded by Councilmember , with the following votes recorded: AYES: MV40 Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk X�M �_iA TO: Chris Lawrence FROM: Barry W. Thompson, Treasur 1 DATE: March 31, 2010 0 11 1111�11�11pp;ij 1111 ISSUE/PURPOSE. Resolution to set the allocation percentage for Personal Property Tax Relief in the Town of Vinton for the 2010 Tax Year. ACTION REQUESTED: Adopt resolution setting the allocation percentage for the Personal Property Tax Relief in the Town of Vinton for the 2010 Tax Year. E Im The 2004 General Assembly standoff resulted in the compromise of capping the PPTRA relief at $950 million and shifting the reimbursement to the state fiscal year, effectively gaining a $229 million windfall for the state at the expense of delaying reimbursement to about three dozen localities (spring billers). In its original form, PPTRA was a vehicle -based entitlement program. The state was obligated to provide annual tax relief to owners of all personal use vehicles, with the relief computed on the first $20,000 of assessed vehicle value. The changes to PPTRA made by S13 5005 marked an end to this vehicle -based entitlement program, and establish what amounts to a fixed, annual block grant to localities, The state's obligation is capped and made certain, while localities are provided greater flexibility (and assume greater risk) in determining how relief is to be distributed. In order to put these changes into effect, the Town adopted an Ordinance that set the framework for the implementation and administration of the state tax relief program. This ordinance was adopted on December 6, 2005. The Town Council will need to pass an annual resolution setting the percentage reduction in personal property for that year. This percentage will be computed based upon historical trends and the current tax assessment book. Based on the pro rata share of the $950,000,000 for Tax Year 2010, Vinton will receive $203,095.72. Using the state model for allocation of our funds the computed tax relief is 68.84% for Tax Year 2010. I� �Ijlqi The Town by ordinance chose the "Specific Relief' method (percentages reduction) of computing tax relief. The Town will allocate the relief at a singe percentage across the board to the first $20,000 of personal vehicle value The Town will continue to exempt vehicles valued at $1,000 and below from taxation The Treasurer is authorized to "balance bill" any taxes from 2005 and prior that are still delinquent. R I I i I i I I i F I i 1 1111: i I i K ii I! DATE ACTION NEEDED: April 6, 20111- RESOLUTION SETTING THE ALLOCATION PERCENTAG. THE 2010 TAX PERSONAL PROPERTY TAX RELIEF IN THE TOWN OF VINTON FOR WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief C• •• or .s .. of >• 951 of 11 Acts of • qualifying vehicle with a taxable situs within the Town commencing January 1, 2010, shall receive ♦` • • •�• • a • s : I IRANI• s !` ` •` • !i . • irs • •i RE, VA. . 3. That qualifying personal use vehicles valued at $20,001 or more shall only 4. That all other vehicles which do not meet the definition of t,qualifying,, (for U� I'Lip, 1111 � I I I � IM I ISO I �I MOM Vinton by the Commonwealth of Virginia. & That entitlement to personal property tax relief for qualifying vehicles for tax funding for tax relief is exhausted or depleted. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006 shall be deemed I non - qualifying, for purposes of state tax relief and the local share due from the taxpayer 0 190- 3 MW I TWOUTO This resolution adopted on motion made by Council Member and seconded by Council Member , with the following votes recorded: FWAVW I z N ��C. rswfiwms ACTION NO.: Reso. 1867 ITEM II J- 3 FROM: Beth Austin Human Resource Director 111111111 1i 111111111!111111111 "011!!!11 111, !!1 1!IIIiIjjI 11111 1!!!, F1 111]1.9"44�47071`W Will I. I'll 'SSUE/PURPOSE: To receive approval to renew the Town of Vinton's health insurance through The Local Choice Health Benefits Program. The Local Choice is the State's insurance program for local government and school employees. ACTION REQUESTED: Adopt proposed Resolution No. 1867 authorizing staff to submit the renewal acceptance to the State Department of Human Resource Management by April 11, 2010, to continue under The Local Choice health benefits insurance JUSTIFICATION: The Town has participated in the State's health insurance plan since 1990. We have received our new contract renewal rates and plans being offered by Local Choice for July 1, 2010 through June 30, 2011. Based on this current fiscal year's health care claims as well as the pools liability, we will be receiving a 7,6% premium increase, STAFF RECOMM E NDATION: Staff recommends that Council authorize to renew with the Local Choice and offer the same current health insurance plans - Key Advantage with Expanded Benefits, Key Advantage — 500, and Medicare Complimentary effective July 1,2010. Note: In June of 2001, Council approved a benefit of $200.00 per month to be paid towards an employee's health insurance if they retire under VRS and are at least age 55 with at least 25 years of Town service. This benefit is provided only to those retirees who remain on the Town's group health insurance until they reach age 65 and are eligible for Medicare. Hill- =6 WA111111M I 1011111 IN U IM"M I Will a y wave WHEREAS, the Town of Vinton has participated in the State's group health insurance program (The Local Choice Health Benefits Program) since July 1, 1990; and, WHEREAS, each year, participants of the program are required to submit a renewal acceptance to the Virginia Department of Human Resource Management in April for the new contract year. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize renewal of the Town of Vinton Employees' group health insurance coverage with the State of Virginia (The Local Choice Program) for the contract year July 1, 2010 through June 30, 2011. AYES: 1110=14=0 Brad Grose, Mayor Darleen Bailey, Town Clerk 1_'11U1111' no "",I" FROM; Barry W. Thompson, Finance Directorf]Freasurer DATE: March 31, 2010 IMIUMNIONUMMM ISSUE/PURPOSE. To notify Council of 2004 Personal Property Tax Write off performed in the Roanoke County Personal Property Tax System. 2004 Personal Property Taxes in the amount of $2,920.01 were written off according to State Code, The Delinquent listings are available in the Treasurer's office ACTION REQUESTED: None JUSTIFICATION/: SUMMARY: According to State Code Section 58.1-3940, property taxes over five years old are not collectible. Also, according to State Code, these taxes may not be written off until after December 3 1" of the year for which such taxes were assessed. All efforts were made to collect the taxes including reporting them to the State Debt Set -Off Program. DATE ACTION NEEDED: April 6, 2010 10 UJILlf La I AM He Intl WHEREAS, the Town of Vinton is maintaining records of outstanding Personal Property delinquent taxes for 2004 in the amount of 2,920.01. WHEREAS, the personal property taxes are over five years old and not collectible as prescribed by Section 58.1-3940, of the 1950 Code of Virginia as amended; and, WHEREAS, the Finance Department has made all efforts to collect on these balances and has turned them over to collections and the State of Virginia Debt Set-OffProgram. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the Town Treasurer/Finance Director to have the outstanding accounts removed from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. Adopted on motion made by Councilmernber , seconded by Councilmember , with the following votes recorded: FI,VM NAYS: Bradley E. Grose, Mayor ATTEST: Darlene R. Bailey, Town Clerk F[7- VIRGINtA MUNICIPAL LEACIUt OeF)uw� March 16,2010 NlbftlFNi C.1 M,NA To- Key Officials of Full Member Local Governments Council and Board Clerks of Full Member Local Governments Pj-,r-;wc.wc- D From: R. Michael Amyx, Executive Director Subject. 2010 VML Policy Committee Nominations VICE PR1:SMFK'1 The Virginia Municipal League is now accepting nominations for its 2010 policy committees. A description of the policy committee process is attached, along with V PC ji'­, 13, C'.10uffl-'I a nomination form. Please complete the enclosed form and return it to VML by Avril 23. If your community has an election in May, please return this NmU)MAF PAST' PRF-SIDEN'f form by the requested date even if you must revise it later. We rely on the M I policy committee nominations to select steering committee members, so if we do V 1_'J-!A MIMI, not receive your locality's response, it may preclude your officials from serving on a steering committee. ExLcuTiNJ-- MnrCTUR RA�,,; Please observe the following guidelines when making your policy nominations: MAGAZNN� 0 Only full -member local governments may participate. * You may nominate two individuals to a committee; if two are nominated, at least one nominee must be a governing body member. # �11 I MIR I UMMM14 M #tJ01,041wMKI). S 114 i . 11141 . # I if # - I - I # - P 0, Bi-, ,: I C. I The chief administrative officer or mayor/board chairman must sign the Cfrl':,H). Nlt: nomination form. I " F'-"l S z f Please return nomination forms by ApjiLl 23. RIC MON', j"O Policy committee meetings are tentatively scheduled to meet at the Greater 804 619-8471 Richmond Convention Center in July (date to be announced). We will forward information about meeting times and rooms as soon as they are confirmed. The steering committees will meet in the weeks prior to the policy committee e - ain JI" I i C) T meetings to conduct a preliminary review of the policy statement and develop an Nv'"'w vr-';.C'rq agenda for the July meeting, including any issues that VML's Legislative 3V F. R N �'> WC, 11i 1 N It) 0 VML 2009 Policy Committee Nominations Please return this form by May 8 to Joni Terry at VML, P.O. Box 12164, Richmond, VA 23241; Fax 804/343-3758; email: jterry@�vml.org I Community & Economic Development Name & Title: Carolyn Fidler Name & Title: Environmental Quality Name & Title:Mavor Brad Grose Name & Title: Finance Name & Title: Wes Nance Name &Title: Barry. Thompson General Laws Name & Title: None Name & Title: Human Development & Education Name &Title: Billy Obenchain Transportation Name & Title: Bobby Altice Name & Title: Signed: Locality: (Mayor/Chair, or Manager/Administrator) Committee asks the policy committee to discuss. Policy committee recommendations that emerge from the July meeting will be forwarded to the Legislative Committee for consideration at its September meeting, VML President Lance Terpenny will appoint the steering committee members after consulting with the committee chairs. Please call Janet Areson at 804/523-8522 if you have any questions about the appointment process, Each year the Virgunia Municipal League develops two separate documents -- a legislative program and a compilation of policy statements -- through a process that involves the Legislative Comrr�ttee and six separate policycommittees. 'The Legislative Committee is responsible for developing the legislative prograni, but it may also rely on input from the policycommittees to do so. Tbepolicycommittees develop di What is the role of the Legislative Committee? 'fhe Legislative Conunittee is responsible for considering and reporting on exiistig or proposed state and federal legislation or regulations, and urging the enactment or amendment of, or opposition to, such legislation or regulations. How is the Legislative Committee appointed? VML's Constitution spells out the composition of the Legislative Committee. The conunittee consists of 24 people holding elective or appoirited positions, all appointed by VML's President. Of the 24 members, 12 must be representatives of cities and urban counties with populations in excess of 3 5,000, 6 must be representatives of cities and urban counties with populations of 35,000 or less, and 6 must represent towns. What is included in VML's Legislative Program? The legislative program adopted bythe Legislative Corarnittee reflects specific legislative objectives that VN4L hopes to achieve during the upcoming legislative session. It is subject to the approval of VML's membership at the annual conference. What is the relationship between the legislative committee and VML's policy committees? 'Ihe Legislative Committee meets prior to the steering and policy cominittees to identify issues that it would like the cominittees to consider for potential inclusion in the league's legislative program. It meets again qfter the policy committees have met to consider their recommendations. --------- What is the role 'f the policy committees? How are policy committees appointed? Policy committee membership consists of elected and appointed officials of full- member local governments. Nomination letters are sent in the spring to each locality, and each local government determines which of its officials will be nominated for each of the six policy comi-nittees. Each local government may nominate up to two people per policy committee, at least one of whom must be an elected official. 'Wbat are the benefits of serving on a policy committee? VML policy committees offer members an opportunity to learn about current and emerging statewide issues that affect local governments, to develop through policy statements the broad philosophical framework that guides the league, and to network with local officials with similar policy interests. VML 2010 Policy Committee Nominations Please return this form by April 23 to Joni Term,{ at VMI- P,O. Box 12164, Richmond. VA 2324l: Fax 804/343-3758: einai,: jterry@vrril.org Community & Economic Development Name & Title: Name & Title, En viron in ental Quality Name & Title: Finance Name & Title: \Name & Title: Name & Title: Name & Title: Human Development & Education Name & Title: Name & Title: Transportation Name & Title., Name &Title: -- Signed: Locality. (Mayor/Chair, or Manager/Administrator) ? d \ « PUBLIC WORKS )» © } f \ f TM NT f f 3,, Street, Vinton ) ((( » f \ . \ f \( \\. 2010 9:00 A.M. w� � ��5�� &�«a . �■.• \■°e f K � ! � » ,;� : „� :�■< ,« ¥ �� « »:. ?< Anita McMillan,Planning « ■ Zoning Director Town $«.»$° ValleYBeautiFul, Virginia Department OF ForestrY, Town , 2.,. ®. : WorKs Department Town of Vinton'Planning,:,?,■ DePartMej K:¥! ;:1..2.«,, �t -■ \ ■.' �\� a. ��e �� ■. �.�■e � \e$`� t$f � .\■ f.:� ^ - � , � � �,. » ■. . ■.: You are Cordi 19 Invi,*Lted Attend Town of Vinton's Arl6or Daig Celebration, to held i► 4)0 it 1M III ,oil Thursda�j it the Vinton Wojr6 Department, A-t Street,Vinton. a,r mrl : r lto '► M uvu#�= 1 4 mom WHEREAS, in 1872 J, Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and, WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and, WHEREAS, Arbor Day is now observed throughout the nation and the world-, and, WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and, WHEREAS, trees are a renewable source giving us paper, wood for our homes, fuel for our fires and countless other wood products; and, WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and, WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, 1, Bradley E. Grose. Mayor of the Town of Vinton, Virginia, do hereby proclaim April 15, 2010 as "ARBOR DAY" in the Town of Vinton, and urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this I" of April, 2010. Bradley E. Grose, Mayor viiqllll�" 11111 tic" 0 al I The Town of Vinton will accept petitions from citizens to vacate Town owned right-of-ways (ROW) that are not currently being used to serve vehicular traffic. These types of unopened or unused streets are called "paper alleys" or "paper streets". Only in rare occasions and for e,ctenuating circumstances will a request be accepted to close a street currentiv in use. ROW vacation requests may be initiated by the Town Manager or a Town resident that resides at the request in writing to the Town Manager. The Town of Vinton does not have a ROW closure fee. The costs of ROW closure will vary fro request to request. For this reason, it shall be the Town's policy to recover certain cos� associated with processing a ROW closure request. The legal advertising fee for advertising consecutive weeks within Yhe Vinton Messenger shall be a recoverable cost. Also, if t petitioner for closure does not submit a survey plat, legal description, or any other bound information necessary to legally identify the ROW boundaries, the Town will assist the petition in obtainina the needed information at full cost to the petitioner. Upon receipt of the written request, legal documents, surveys, confirmation of legal advertisementand payment in full for advertising and survey costs, the Town Manager will present the ROW closure request to the Vinton Town Council durina the advertised public hearing. Any history of prior requests and Council responses will be presented at the public hearing by the Town Manager so that the Council is aware of past requests and decisions regarding the specific ROW. Also, any known use of the ROW for public utilities will also be disclosed at this time. The Vinton Town Council has the authority to either deny or approve the ROW closure petition. All advertising and survey costs associated with the ROW closure request are non-refundable, regardless of the decision of the Vinton Town Council. PROCEDURES 1. Town resident submits a written request to the Town Manager citing the specific ROW to be vacated and any reasons for the request. - The resident may include a signed petition from other adjacent property owners supporting or rejecting the closure request. 2. The Town Planning Director will submit a written request to the Public Works Director to identify any Town water and sewer utilities within the ROW proposed for closure, Also, a ,qJI fT(Zq TTM TTV utilizing the ROW. The Public Works Director will respond within two weeks in writing 'with information regarding the location and type of water or sewer utilities within the ROW, If it is determined that the ROW is currently in use by any public utilities, the peitioner must agree that a utility easement be left in place where the utilities emist. If the petitioner does not agree to leaving a utility easement in place, the request will be recommended for denial to the Town Manager and Town Council if the petitioner chooses to proceed with the formal closure request. 4Within three weeks of receipt of the written request, the Town Planning Director will notify the petitioner in writing with a cost estimate for legal advertising, survey work� and ordinancet'plat recordin-a fees associated with the request. The cost estimate shall take into account all costs necessary to process the specific ROW closure request. Survey costs Will vary for each closure request. Enclosed in the letter to +the petitioner Will be an agreement to be signed by the petitioner committing to pay in full for advertising, surveying� and recording co.vs associated with the closure. 5. The petitioner should respond within two weeks as to whether they accept the agreement to pay for closure costs. 6. Once the petitioner returns the costs agreement, the Planning Di -rector will contract out the legal description preparation and survey work if none was previously submitted by the petitioner, 7, Upon completion of the survey work and before any fUrther work is done, the Planning Director will have the Town Treasurer's Office submit a bill to the petitioner for the full amount of the survey work and estimated advertising costs. i. Upon receipt of payment for advertising costs and/or survey work, the Planning Director will write and submit a legal advertisement to Yhe Vinton Messenger for two consecutive weeks in accordance with State Code advertising requirements for ROW closures. F 9At the same time the legal advertisement is being processed, the Planning Director will notify in writing all property owners adjacent to the requested ROW closure. The letter to these adjacent property owners will outline the ROW closure request, the petitioner, and the date of the Town Council meeting and vublic hearing where the petition will be considered, M The Planning Director shall submit the ROW closure documentation to the Town Attorney with a cover letter requesting that and ordinance for closure be prepared for the Council Meeting and public hearing as legally advertised. 11. The Planning Director vitil forward ail XU W closure documentation, including a copy of the request to the Town Attorney, to the Town Clerk for inclusion on the agenda for the Town Councii Public Hearing date advertised in ne Vinton Messenger. 12. The Town Clerk will place the request on the agenda and the petition for ROW closure Will be heard by the Town Council. 13. If the Vinton Town Council approves the ROW closure, the Town Ordinance approving the closure and any survey plats will be forwarded by the Town Clerk to the Roanoke County Clerk's office for recordina. 14. If the Vinton Town Council denies, the ROW closure request, the petitioner will be refunded only the amount paid in advance for the final ordinance and plat recordation, TOWN OF VINTO P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE (540) 9&-,'Ml ANITA J. MCMUAN FAX 1$0� M;-467 f Plan=V aod Zoning D11raor *01 Re: Street/Alley Rigbt-of-Way (ROW)Closing Request Tax Map Number: This letter is written in response to your Right -of -Way (ROW) closing request at 1, Tax Map Number , received on In cases where a property owner initiates a ROW closure request for adjacent property, it i5 the owner's responsibility to provide the nece:ssary documentation to proceed with the request. If the petitioner for closure does not submit a survey plat, legal description or any other boundary information necessary to legally identify the ROW boundaries, the Town may assist the petitioner in obtaining the neaded information at full cost to the petitioner. The legal items needed to process the ROW request for presentation to the Town Council are as follows: 1. A legal survey description of the property (ROW) to be vacated. This is to be completed by a pnvate survey company at a cost of approximately $175.00. 2. A legal advertisement published once a week for two successive weeks in a local newspaper of general circulation (The Yinton Messenger). The approximate cost for the advertisement is $75.00. The approximate total cost to complete the necessary items to process the request will $250.00, If you are willing to pay for the cost to complete the alley closure documentatio please sign the agreement at the end of this letter. After the work has been completed, y0D] will receive a bill from the Town for the actual amount to complete the work, if in excess the estimated amount. If you choose to proceed with vacating the ROW, please return this signed agreement within two weeks. Once payment has been received and the survey completed, we will place your request on the next available Town Council agenda for a public hearing and consideration by Council of an ordinance to vacate the ROW, Property Owner Page 2 The Virginia State Law requires that vacated right-of-way property be evenly conveyed to each of the adjoining property owners. For example: if a ROW is 10 ft. in width, each adjoining "iv, va�'4tZ" WYV , Ui a WI(IUI 01 DR. added to their property. If you have any further questions about this issue, please call me at (540) 983-WI. MM= I; , would like to request the Town of Vinton to close the existing right-of-way located adjacent to my property at I understand that I will be responsible for reimbursing the Town of Vinton for expenses incurred in Z:�' processing this ROW closure request I understand that T will be responsible -for payment of the estimated total amount of before the request for closure will, be presented to the Vinton Town Council. Signed: I this day of . 199& FILE MEMO DATE: OCTOBER 22, 1987 RE: CLOSING OF BOWMAN STREET At the Work Session of Vinton Town Council, in Executive Session, Council was advised of a need for the Town of Vinton to close Bowman Street, adjoining Bob Wood's property to permit the Highway Department to realign Bowman Street at a right angle with Washington Avenue across from Church Street. Please be advis- ed that the consensus of Council was that once the highway had been completed and the corrected roadway shown, the Town would then go back in and have the hearing to close the section of Bowman which would adjoin the Wood's property. Council explained that their concern was if they opened this matter up to a public hearing before the Highway Department plans had been approved and con- struction started, we could end up into being forced into leaving this street. 'Boixnan Street) oper, and C0mpljC8tjT101 the intersection problem, COUnril did feel their intent would be to close this street, but they did not want to create a public issue until the Highway Department had carried out their construction plans and then the Town could close this street and use the practicality of it no longer being needed because an improved intersection would exist.