Loading...
HomeMy WebLinkAbout2/15/2022 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, February 15, 2022 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of minutes of Regular Meeting of February 1, 2022 2. Consider adoption of a Resolution appropriating funds from the Stormwater Transfers-In account to the Special Projects account in the amount of $115,000 for a Stormwater Project G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Dan O’Donnell, County Administrator, in his retirement - Council 2. Briefing on the 2022 Roanoke County Real Estate Reassessment - Ken Fay, Roanoke County Real Estate Valuation Director H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY Bradley E. Grose, Mayor Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 J. TOWN MANAGER 1. BRIEFINGS a. Briefing on Parking Lot Lease and Real Property Purchase Right of First Refusal between David S. McClung, II and the Town for approximately 1.463 acres located at 7 Walnut Avenue, Vinton, Virginia – Town Manager 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to execute an Amendment to Memorandum of Understanding (MOU) dated July 1, 2019 between Roanoke County and the Town of Vinton – Town Manager 3. PROJECT UPDATES/COMMENTS K. REPORTS FROM COMMITTEES 1. Finance Committee – Anne Cantrell L. COUNCIL M. MAYOR N. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: March 1, 2022 – 6:00 p.m. – Regular Council Meeting - Council Chambers March 7, 2022 – 2:00 p.m. – Finance Committee Meeting – Council Chambers March 10, 2022 – 7:30 – 9:00 a.m. – State of the Town – Vinton War Memorial NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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. Meeting Date February 15, 2022 Department Town Clerk Issue Consider approval of minutes of the Regular Meeting of February 1, 2022 Summary None Attachments February 1, 2022 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, FEBRUARY 1, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Mike Lockaby, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Police Chief Anita McMillan, Planning & Zoning Director Nathan McClung Assistant Planning & Zoning Director Fayula Gordon, Associate Planner Chasity Barbour, Community Programs & Facilities Director PLANNING COMMISSION MEMBERS PRESENT: Keith N. Liles, Chair Dave Jones, Vice-Chair Bob Benninger Sarah Reid The Mayor called the Work Session to order at 6:00 p.m Nathan McClung for continuation of a briefing on Zoning Ordinance for the Town of Vinton. Mr. McClung began a review of presentation and Factsheets, which were a part of the agenda package and will be on file in the record. commented he would like feedback from the Planning Commission and Council Accessory Dwelling Units (ADUs) to be used as h surveys, it would seem that most are in favor of ADUs being used in this format and they would fall into the Council Member Liles responded that if someone is going to spend the money to have an ADU and it is no longer needed for that purpose it could be used as a homestay 2 Under Off-Street Parking Regulations, Mr. McClung commented the Parking Schedule has been modernized and refined to be based more seating/assembly area. With the more initiatives for forms of transportation, the greater trend in most local governments is to reduce the off-street parking requirements. Mr. McClung next commented that originally staff had proposed a maximum motor vehicle parking of Based on feedback and looking more at the scale of the Town, it has been changed to 150 percent. reduction for on- public trans responded they could. commented that currently any form of multi- family development would require a Special Use Permit (SUP). The R-3 District is a high density State most all reco apartment housing in their high density districts by right in various ways. Staff’s recommendation acre. institutions, the recommendation is not to allow them in the Central Business District. Mr. McClung next commented on the definition of a massage parlor versus a massage clinic. The Virginia General Assembly has established its on classification for massage parlor licenses. After adoption of the zoning ordinance, we will have to process for massage parlor licensure. We would look at adjoining localities currently The overall goal would be to discourage that type of use in the Town. permitted by right as an office use, Dave Jones protection it gave to the Town. responded if someone got a zoning permit based on the definition of office and they veered away 3 If any medical procedures are being performed or the they would no longer meet this definition. The current zoning ordinance under Mixed-use Building Requirements has a cap of a one to one ratio on the amount of residential mix you could have with a commercial residential property. We are recommending removing the ratio and allow for someone with a commercial format on the first floor to have two or three stories. Outdoor Storage & Display, Mr. Jones asked if it would apply to the McClung responded the definition would have to be tailored t agriculture in nature or community facilities and he would look into that further. Mr. McClung next commented the Landscaping Ordinance was a new section. Some of the requirements would be canopy coverage by district, parking lot landscaping right-of-way/street plantings having more pervious surfaces on a property. Also, there are more the buffer yard and screening to include that all dumpsters and suggestions for different types of buffers. current dumpsters in the Town, commented that and it would only apply to new dumpsters. After additional scheduled for February 24, 2022 and the Council Public Hearing will be scheduled in March. The Work Session adjourned at 7:14 p.m. After a brief recess, the Mayor called the regular meeting to order at 7:20 p.m. The Town Clerk called the roll with Council Member Liles, Stovall, Vice Mayor McCarty and present. After a Moment of Silence, Cody Sexton led the Pledge of Allegiance to the U.S. Flag. 4 Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: February 4 - 7:30 p.m. - VT Hockey v. Richmond and February 5 – 4:30 p.m. – VT Hockey v .UNC, every Saturday in February – 2:00 p.m. and 7:30 p.m. – open skating – Lancerlot; live music – February 4 – 8:00 p.m. - 5 Dollar Shake, February 5 – 8:00 p.m. - The Thrillbillyz, February 11 – 8:00 p.m. - Full Circle and February 12 – 7:00 p.m. and 9:00 p.m. - Michael Winslow – Rosie’s and February 15-March 1 – Roanoke Restaurant Week 2022. The soliciting vendors 21st @ the Vinton War Memorial from 10:00 a.m. flags ($12) and house flags ($20). Chief Drumond announced that the premier of the movie “Princess Cut 3: Beauty from Ashes” will be playing on February 10th Vinton including the Vinton Police Department. Council Member Liles made a motion to approve the motion was seconded by Vice Mayor McCarty and voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved January 18, 2022 Under awards, introductions, presentations and proclamations, comments on the Latinas Network Government/ Municipality Recognition 2021 recognized for hosting meetings of t War Memorial. The next item on the agenda was the proposed amendment to the Town of Vinton’s FY 2021-2022 budget to appropriate funding from the FY21 Virginia Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream Restoration Project in the amount of $570,000.00. The Mayor opened the Public Hearing at 7:32 p.m. awarded this grant and it is a reimbursable program. Pursuant to Section 15.2- Public Hearing Opened 5 to hold a Public Hearing in order to amend the budget if an amount exceeds one percent (1%) of the total expenditures. The grant is $285,000 with a 50% match The main goal of the project is sediment run- meet the TMDL Sediment allocation. Hearing no public comments, the Public Hearing was closed at 7:35 p.m. Council Member Mullins made a motion to adopt the Resolution seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. Public Hearing Closed Adopted Resolution No. 2473 to amend the Town of Vinton’s FY 2021- appropriate funding from the FY21 Virginia for The Woodland Place Stream Restoration Project in the amount of $570,000.00 The next item on the agenda was a briefing on County and the Town of Vinton. The Town Manager first commented that in 2019 we negotiated a agreement with Roanoke County. This agreement agreement. The Town, Roanoke County Virginia Water Authority (Water Authority) are in negotiations to transfer our water and wastewater negotiation, we requested some assistance from Roanoke County on some other public services that we jointly provide to our citizens. The 2019 MOU has been updated to reflect these additional cost sharing measures. The MOU changes to be made notifications to potentially extend the MOU. The Town Manager next commented main sections in the MOU. Since the Town has The MOU provides for a reduction in that annual amount to $150,000. 6 MOU provides that Roanoke County will pay the Town’s full tipping fees estimated at $225,000 with a true-up at the end of the fiscal year. Roanoke County currently has three members on the Water Authority Board and the MOU provides that Town Council and the Board of Supervisors will mutually agree on one of those members to represent the Vinton residents. The Town Attorney commented there are also some memorialization in the MOU of items that have been accomplished 2019 agreement. The Town Manager next expressed appreciation to Roanoke County and the Board of Supervisors for their assistance. Council will consider approval of the MOU at their February 15, 2022 meeting. Roanoke County and commented how they have been great partners on a lot of projects. This is certainly a move for the Town that probably would Roanoke County. The next item on the agenda was to consider Treasurer/Finance Director to remove outstanding License Fees over five years old from the active records to a permanent file. commented They have collected 98.43% of the 2016 taxes in comparison to 99.02% of the 2015 taxes, slightly Vehicle License Fees, they have collected 92.85% compared to 91.57% in period they have taken less aggressive actions than normal due to the COVID-19 pandemic. Council Member Stovall made a motion to adopt the Resolution seconded by Council Member Mullins and carried by the following roll call voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2474 Town Treasurer/Finance Director to remove taxes and Vehicle License Fees over five permanent file The next item on the agenda was to consider Treasurer/Finance Director to remove outstanding water and sewer delinquent bills over five years old from the active records to a permanent file. Anne Cantrell commented these are accounts that are inactive and 7 but the auditors recommend that we do as a best practice so that we have a more reasonable accounts receivable on our books. The amount to be written off for 2016 is $14, collection rate was 99.58% compared to 99.59% in 2015. meals tax is a trust tax, we always make sure we collect them. Real estate taxes are for 20 years and she has never brought a real estate write-off to Council before because typically they go to tax sale before they get to that point. McCarty made a motion to adopt the Resolution as presented; t Member Mullins and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2475 Town Treasurer/Finance Director to remove outstanding water and sewer delinquent bills over five years old from the active records to a permanent file. The Town Manager acknowledged Cody Sexton’s contributions last week in preparation of the Water Authority meetings and that the videos, website and other items are still available for our citizens and commercial customers. recognized Anita McMillan, Cody Sexton, Council Member Stovall and Council Member Liles for their work in preparing for the Transportation Planning Organization (TPO) meeting last week to ask for additional funding for the Walnut Avenue project ordinance. Council Members commented on the TPO, Restaurant Week and Richard Caywood as Administrator. The Mayor commented on the recent ribbon cutting at BoomTown Crossfit, the Water Authority meeting on the utility transfer and the teamwork of Council and Staff. The next item on the agenda was a request to Convene in Closed Meeting, Pursuant to § 2.2- 3711 (A) (1 amended, for discussion of the annual performance of the Town Manager. Council Member Liles made a motion to convene in Closed Session; the motion was seconded by Vice Mayor 8 members voting: Vote 5-0; Yeas (5) – Liles, Mullins Stovall, McCarty, Grose; Nays (0) – Council went into Closed Session at 8:01 p.m. At 9:16 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Vice Mayor McCarty; seconded by Council Member Stovall and carried voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Certification of Closed Meeting Council Member Mullins made a motion to adopt a Resolution approving a new Employment Agreement for following revisions: Section 3: Compensation and Benefits, Item A, Base Salary shall be $135,000.00 retroactive back to January 10, 2022 and removing Item B under Section 4. Residency Requirement, Relocation and Moving Expenses; the motion was seconded by Vice Mayor McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. new Employment Agreement for the Town Manager Council Member Liles made a motion to the meeting; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. The meeting was adjourned at 9:20 p.m. APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date February 15, 2022 Department Finance/Treasurer Issue Consider adoption of a Resolution appropriating funds from the Stormwater Transfers-In account to the Special Projects account in the amount of $115,000 for a Stormwater Project Summary The existing stormwater facilities located at and leading to 116 South Poplar Street in the Town of Vinton, Virginia, have significantly failed and the failure of the infrastructure at the above- mentioned address resulted in multiple sink holes in the pavement of the parking lot at the referenced address. Town Staff has determined that replacing the stormwater pipe and attached structures would be the most cost-effective approach and provide for the long-term stability of the stormwater infrastructure system. The funding for this project was appropriated as a transfer in the General Fund by Resolution No. 2469 adopted on January 4, 2022 and the transfer only needs to be appropriated in the Stormwater Fund. Council needs to appropriate funds from the Stormwater Transfers-In account to the Special Projects account in the amount of $115,000 for this Project. The Finance Committee reviewed this item at their February 7, 2022 meeting and recommends approval. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 15, 2022 AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the existing stormwater facilities located at and leading to 116 South Poplar Street in the Town of Vinton, Virginia, have significantly failed; and WHEREAS, the failure of the infrastructure at the above-mentioned address resulted in multiple sink holes in the pavement of the parking lot at the referenced address; and WHEREAS, Town Staff has determined that replacing the stormwater pipe and attached structures would be the most cost-effective approach and provide for the long-term stability of the stormwater infrastructure system; and WHEREAS, the funding for this project was appropriated as a transfer in the General Fund by Resolution No. 2469 adopted on January 4, 2022, and the transfer only needs to be appropriated in the Stormwater Fund. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorizes the monies to be appropriated from the Stormwater Transfers-In account to the Special Projects account. BUDGET ENTRY GENERAL LEDGER: 600.25100 Appropriations $115,000.00 600.25000 Estimated Revenue $115,000.00 FROM REVENUE: 600.4105.001 Transfers In $115,000.00 TO EXPENDITURE: 600.6205.722 Special Projects $115,000.00 This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date February 15, 2022 Department Council Issue Recognition of Dan O’Donnell, County Administrator, in his retirement Summary Dan O’Donnell retired as the Roanoke County Administrator on February 1, 2022. Council will recognize him at the meeting. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, Daniel R. O’Donnell retired as the County Administrator of Roanoke County on February 1, 2022 after twenty-one (21) years and eight (8) months of distinguished service to the citizens of Roanoke County and the Town of Vinton; and WHEREAS, Mr. O’Donnell has been a consummate professional and leader adhering to the highest level of integrity and ethics in the local government management profession; and WHEREAS, during his tenure as County Administrator, Mr. O’Donnell recognized and encouraged strong regional partnerships through projects and services, which helped to create a positive environment for economic development efforts for Roanoke County and was instrumental in many of the partnerships with the Town of Vinton, improving the quality of life for the citizens he served; and WHEREAS, those initiatives included the Memorandum of Understanding to replace the Gain Sharing Agreement; the Vinyard Station and Gish Mill Redevelopment Projects; the Vinton/East County Hotel Project and the transfer of the Town’s utility system to the Western Virginia Water Authority. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby express our sincere appreciation and thanks to Daniel R. O’Donnell for his distinguished and outstanding commitment to public service and especially for his service to Roanoke County and the Vinton community and extend best wishes to him and his family for many happy and successful years in the future. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 15th day of February, 2022. Bradley E. Grose, Mayor Meeting Date February 15, 2022 Department Treasurer/Finance Department Issue Briefing on the 2022 Roanoke County Real Estate Reassessment Summary Each year, the Roanoke County Assessor’s Office establishes the property values for all property in the County, which includes property within the Town. A letter is developed and sent to all property owners detailing their assessment values for both the land and buildings. The letter details the previous three years’ worth of assessments in a table. As required by the General Assembly, the letter is to state the tax percentage increase or decrease the actual taxes paid would be as compared to the previous year. Ken Fay, Roanoke County Real Estate Valuation Director, will give the PowerPoint presentation at the meeting and answer any questions that Council might have. Council is scheduled to conduct their Public Hearing on the tax rates on April 5, 2022. Pursuant to Section 58.1-3321 of the Code of Virginia, as amended, any assessment that results in an increase of one percent or more requires that the Notice of Public Hearing be given at least 30 days prior to the date of the hearing. The Notice will need to run in the Vinton Messenger on March 3, 2022. Attachments Power Point Presentation Recommendations No action required Town Council Agenda Summary Town Of Vinton February, 2022 2022 Real Estate Reassessment 2022 TOV Real Estate Assessment Category 2021 Assessed Value 2022 Assessed Value Change in Assessed Value % Change Residential $424,927,200 $466,952,800 $42,025,600 9.89% Commercial $108,057,300 $111,616,100 $3,558,800 3.29% Total $532,984,500 $578,568,900 $45,584,400 8.55% Assessment Increase Attributed To: New Construction $2,782,400 0.52% Market Value $42,802,000 8.03% Total $45,584,400 8.55% 2 Assessment Accuracy 3 Measure IAAO Standard Town of Vinton Sales Ratio: a ratio of assessment value to sales price 91% to 105%91% indicates how tightly the ratios are clustered around the median ratio. The lower the COD, the greater uniformity in appraised values. 5% to 15%7.31% measures the equity between low value and high value properties. A PRD greater than one implies that higher priced properties have lower average assessment ratios than lower priced homes. 0.98% to 1.03%1.004% 2022 Assessment Percentage Change by Classification 10.44% 9.24% 7.89% 3.29% 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% Single Family - Urban Single Family - Suburban Multi Family Commercial / Industrial 4 5 Median Sales Price History –Single Family Residential Roanoke County Median Sales Price History –Single Family Residential Town of Vinton $130,000 $139,000 $132,500 $140,000 $140,000 $137,000 $145,000 $150,000 $169,000 $185,000 $100,000 $110,000 $120,000 $130,000 $140,000 $150,000 $160,000 $170,000 $180,000 $190,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Me d i a n S a l e s P r i c e Median Sales Price -Residential 2012 through 2021 6 7 History of Residential Sales Roanoke County 953 938 1,033 1,095 1,136 1,159 1,173 1,581 1,706 153 123 119 113 95 57 50 18 2 0 20 40 60 80 100 120 140 160 180 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2013 2014 2015 2016 2017 2018 2019 2020 2021 Fo r e c l o s u r e s Nu m b e r o f S a l e s History of Total Sales and Foreclosures 2013 through 2021 Number of Sales Foreclosures 8 History of Residential Sales Town of Vinton 43 58 61 70 68 103 107 114 126 17 13 10 16 10 14 8 2 0 0 2 4 6 8 10 12 14 16 18 0 20 40 60 80 100 120 140 2013 2014 2015 2016 2017 2018 2019 2020 2021 Fo r e c l o s u r e s Nu m b e r o f S a l e s History of Total Sales and Foreclosures 2013 through 2021 Number of Sales Foreclosures 9 2022 Assessment Hearing Dates •Assessment notices were mailed December 31, 2021 •Informal Appeals were held •January 18 through January 26, 2022 •Formal Appeals with Board of Equalization (BOE) •Dates for BOE meetings are as follows: •April 28, 2022 -July 28, 2022 -October 27, 2022 •The final deadline to apply for an appeal is September 9, 2022 •Call Real Estate Valuation Office at 772-2035 extension 0 for information Disabled Veterans Property Tax Exemption 10 •Administered through Commissioner of Revenue’s Office •Criteria for veterans or surviving spouse •Principal place of residence •Owned and occupied by disabled veteran or unremarried surviving spouse •Certification letter stating that disability is 100% service related •Information available on Roanoke County website or contact the Commissioner of Revenue’s office at (540) 776-7116 Tax Freeze Program for the Elderly & Disabled 11 •Administered through Commissioner of Revenue’s Office •Criteria •Disabled or over age 65 •Combined income of less than $56,566 •Net assets not exceeding $200,000 •Information available on Roanoke County website or contact the Commissioner of Revenue’s office at (540) 776-7116 Questions or Comments 12 1 Meeting Date February 15, 2022 Department Administration Issue Briefing on Parking Lot Lease and Real Property Purchase Right of First Refusal between David S. McClung, II and the Town for approximately 1.463 acres located at 7 Walnut Avenue, Vinton, Virginia Summary Staff has worked with the Town Attorney and the David S. McClung, owner of the property at 7 Walnut Avenue to finalize the terms of a Parking Lot Lease and Real Property Purchase Right of First Refusal. The Parking Lot Lease will provide the Town with additional public parking options for its farmer’s market, downtown businesses and special events. The Purchase Right of First Refusal will provide the Town with the opportunity to purchase the property during the term of the lease in order to protect the Town’s investment in making improvements to the parking lot on the property. General Terms and Conditions of the Lease and Right of First Refusal consist of the following: 1. Includes approximately 1.463 acres with parking lot. 2. Town will invest in making improvements to the parking lot on the property. 3. The Parking Lot Lease allows for general parking of town patrons seven days per week for the duration of the agreement. 4. An annual rent will be paid by the Town to the Owner in the amount of $12,000. 5. The Right of First Refusal is valid for the term of the Parking Lot Agreement including any renewal terms, and may be extended or terminated upon mutual agreement. Town Council Agenda Summary 2 6. The Town shall provide general liability insurance, with Owner named as additional insured and will keep the lot clean from trash and debris. Attachments Draft Parking Lot Lease and Real Property Purchase Right of First Refusal Recommendations No action required 1 PARKING LOT LEASE AND REAL PROPERTY PURCHASE RIGHT OF FIRST REFUSAL THIS PARKING LOT LEASE AND REAL PROPERTY PURCHASE RIGHT OF FIRST REFUSAL AGREEMENT (“Agreement”) is made and entered into this ____ day of ____, 2022, by and among DAVID S. MCCLUNG II, (“Owner”), the TOWN OF VINTON, VIRGINIA, a municipal corporation in the Commonwealth of Virginia (“Town”), and TLF MCCLUNG, LLC, a Virginia limited liability company (“TLF McClung”). RECITALS WHEREAS, Owner is the owner of certain real property consisting of approximately 1.463 acres, located at 7 Walnut Avenues in the Town of Vinton, County of Roanoke, Virginia, and identified as Tax Parcel ID Number 060.15-07-17.00 (the “Property”); as depicted on the Roanoke County GIS Map attached hereto as Exhibit A; and WHEREAS, Town is in need of additional public parking for its farmer’s market, downtown businesses, and special events; and WHEREAS, the Property is a strategic location in downtown Vinton and located directly adjacent to the farmer’s market and the Town’s Municipal Building and in close proximity to downtown businesses; and WHEREAS, Owner agrees to lease a portion of the Property as depicted on the site concept plan attached hereto as Exhibit B to Town for use as public parking (“Parking Lot”), and Town agrees to improve the Parking Lot for its intended use; and WHEREAS, Owner agrees to grant Town a Right of First Refusal to purchase the Property during the Term of the Lease in order to protect the Town’s investment in making improvements to the Parking Lot on the Property; and WHEREAS, Owner and Town agree that the purchase price for the Property will be based on current commercial appraisals of the Property by licensed commercial appraisers as provided for herein; and WHEREAS, Owner has executed and recorded a Revocable Transfer on Death Deed (“Deed”), a copy of which is attached hereto as Exhibit C, naming TLF McClung as the beneficiary 2 for the Property (identified as Parcel 1 in the Deed) under the Virginia Uniform Real Property Transfer on Death Act, Va. Code § 64.2-621 et seq.; and WHEREAS, TLF McClung executes Agreement for the purpose of acknowledging that its interest in the Property upon Owner’s death shall be subject to and subordinate to the Town’s rights in the Property under this Agreement in accordance with Virginia Code § 64.2-632(B). WITNESSETH NOW THEREFORE, in consideration of the promises and mutual covenants exchanged herein, the parties agree that: I. PARKING LOT LEASE 1. Leased Premises. Owner hereby leases to Town and Town hereby leases from Owner a portion of the Property identified as the Parking Lot on Exhibit B. 2. Term. The initial term of this Agreement shall commence on the date this Agreement is fully executed by the Parties (“Commencement Date”) and shall terminate on June 30, 2032 (“Termination Date”) unless extended as provided for herein. This Agreement shall renew automatically on July 1, 2032 (“Renewal Date”) for two years, and on each two-year anniversary of the Renewal Date thereafter, on the same terms and conditions contained herein, unless either Party provides the other Party with written notice of termination of this Agreement on or before May 31 of any year during the Term or Town exercises its Right of First Refusal to purchase the Property. 3. Rent. The Rent for the Parking Lot shall be $12,000 per year ($1,000 month) and shall increase annually according to the previous year’s Consumer Price Index (CPI) or 2%, whichever is greater. Town shall pay Owner Rent through June 30, 2022 on or before the Commencement Date. Since the initial payment of Rent will be for a portion of a year, the initial Rent payment will be prorated. Thereafter, Town shall pay Rent on or before each June 30th as long as the Town is continuing to lease the Parking Lot. Rent for any partial year shall be prorated. If the Right of First Refusal is exercised during any Term or Renewal Term for which Rent has been paid in advance, the prorated amount of Rent after the Closing Date shall be credited to the purchase price. If the Agreement is terminated during any Term or 3 Renewal Term without Town exercising its Right of First Refusal, then Owner shall reimburse to Town the prorated amount of Rent after the Termination Date. 4. Use of Leased Premises and Property. Town’s use of the Parking Lot shall be for public parking seven (7) days per week, twenty-four (24) hours per day. Owner shall not use the Property in any manner that interferes with Town’s use of the Parking Lot for a parking lot as provided herein, unless otherwise approved by Town in writing, in advance. During the Term of the Agreement, Town shall have access to the Property as reasonably necessary to perform studies, site plans, testing and feasibility studies for the purpose of evaluating whether and when Town may exercise its Right of First Refusal. 5. Maintenance. Town shall regularly inspect the Parking Lot and keep it free of trash and debris. 6. Improvements, Repairs, Additions & Replacements. Town may, at its own cost and expense, at any time make alterations, changes, repairs, replacements, improvements, and additions in and to the Parking Lot, provided, however, that Town shall not demolish any structure of a permanent character without the express written consent of Owner. Town may improve, alter, change and make replacements and additions to the Parking Lot as Town deems appropriate given the intended use of the Parking Lot as a parking lot. Town may maintain the Parking Lot as Town deems appropriate given the intended use of the Parking Lot. 7. Insurance. Town shall carry public liability insurance for its activities on the Parking Lot and name the Owner as additional insured. 8 . Notice. Any notice or communication required or permitted to be given by any provision of this Agreement will be in writing and will be deemed to have been given when delivered personally, by email, or by first class mail to the Party designated below to receive such notice: To: Owner David S. McClung ________________________ ________________________ ________________________ 4 To Town: Attn: Town Manager Town of Vinton, Virginia 311 S. Pollard Avenue Vinton, Virginia 24179 To TLF McClung: Frances M. Ferguson, Member 1917 Maylin Dr. Salem, VA 24153 II. RIGHT OF FIRST REFUSAL TO PURCHASE PROPERTY 1. Right of First Refusal. In accordance with the terms and conditions herein, Owner hereby unconditionally and irrevocably grants, bargains, sells, and conveys to Town, the exclusive right and option to purchase the Property at a price established as provided herein. 2. Right of First Refusal Term. The term of the Right of First Refusal shall commence on the Commencement Date of the Agreement , and shall continue during the T erm of this Agreement , including any Renewal Term s . The Right of First Refusal Term shall expire only upon the termination of the Agreement , unless extended pursuant to the terms of Section 4 below. 3. Consideration. This Right of First Refusal is granted by Owner in consideration of Town’s agreement to improve the Parking Lot for public parking at no cost to Owner. Town has agreed to establish public parking on the Parking Lot in order to further benefit the Town, the downtown area, and its citizens. The Parties further covenant and agree that a portion of the Rent paid by Town to Owner is in consideration for the Right of First Refusal . 4. Extension of Right of First Refusal Term. This Right of First Refusal may be extended beyond the termination of the Agreement upon mutual agreement of the 5 Parties. For clarity this Right of First Refusal shall not expire prior to the expiration of the Term of the Agreement, including any Renewal Terms. 5. Method of Exercising Right of First Refusal. Town may exercise the Right of First Refusal as follows: A. If Owner receives a conditional or unconditional offer to purchase the Property, or any portion thereof, Owner shall provide written notice of such offer to Town within seven (7) days of Owner’s receipt of such offer. Within thirty (30) days after Town’s receipt of written notice of an offer from Owner, Town may provide written notice to Owner of the exercising of the option to purchase the Property. B. If Owner provide written notice of termination of the Parking Lot Lease under Section I.2. above, then, within thirty (30) days after Town’s receipt of Owner’s written notice of termination, Town may provide written notice to Owner of the exercising of the option to purchase the Property. C. At any other time, during the Right of First Refusal Term the Parties may mutually agree that Town may exercise its option to purchase the Property. D. Upon Town’s delivery of written notice that it is exercising its option to purchase the Property, the Parties shall cooperate in good faith to execute a mutually agreeable contract for the purchase and sale of the Property and shall thereafter proceed to closing on the transaction with reasonable diligence. The Parties covenant and agree to execute and deliver all necessary documents and to carry out all other reasonably necessary acts in order to consummate the closing on the sale of the Property to Town. 6. Termination. This Right of First Refusal may be terminated in a writing signed by Owner and Town . 7. Purchase Price. If the Town exercises its Right of First Refusal to purchase the Property, Town’s Purchase Price shall be determined as follows: A. If the Right of First Refusal is exercised under Section II.5.A. following a bona fide arm’s length offer by a third party to purchase the Property, then Town’s Purchase Price for the Property shall be the amount of the bona fide arm’s length offer that Owner received for the Property less the Town’s Investment (as defined below) any prorated Rent to be reimbursed to 6 Town under Section I.3. above, and any other amounts due to Town under this Agreement . B. If the Right of First Refusal is exercised following an offer to purchase less than the entire Property under Section II.5.A. or is exercised under Section II.5.B. or Section II.5.C., then, following the Town’s notice exercising the Right of First Refusal, T own and Owner shall each secure a licensed commercial appraiser. Town and Owner shall pay for the services of their respective appraiser. The purchase price shall be the then-current fair market value of the property as determined by an average of the two appraisals , less the Town’s Investment (as defined below), any prorated Rent to be reimbursed to Town under Section I.3. above, and any other amounts due to Town under this Agreement. C. The Town’s Investment that shall be deducted from the Town’s Purchase Price shall include the design and construction costs associated with any alterations, changes, repairs, replacements, improvements, and additions the Town makes to the Parking Lot between the Commencement Date and Town’s written notice of exercising t he Right of First Refusal under Section 6 of the Parking Lot Lease. D. Town shall make Rent payments as specified until the sale has closed . 8. Closing. The date for delivery of the Deed and the closing of this transaction shall be tentatively set within seventy-five (75) days from the date of exercise of this Right of First Refusal by Town; or at such other date as may be agreed upon in writing by the pa rties (the “Closing”). The Closing shall be held at a place mutually agreeable to the Parties. 9. Possession. At Closing, Owner shall convey to Town good, marketable, and insurable fee simple title to the Property, or the portion thereof identified by Town in its notice, by General Warranty Deed containing Modern English Covenants of Title free and clear of all liens, defects, and encumbrances, and subject only to such restrictions and easements as shall then be of record and which do not affect the use of the Property for Town’s purposes . 7 10. Taxes, Assessments, and Closing Costs. Owner shall pay or credit to the Purchase Price all delinquent taxes, including penalties and interest, and all assessments and liens on the Property, on or before Closing. Taxes assessed but not yet delinquent shall be prorated as of the date of Closing based on a 365 -day calendar year. Town shall be responsible for its title commitment, title insurance, and all due diligence costs. All other closing costs shall be split. Owner s hall prepare the transfer deeds at its expense. Owner will not be responsible for payment of Town’s attorneys’ fees, if any. 11. No Mechanics Liens. Owner shall deliver to Town at Closing an affidavit , signed by Owner, certifying that no labor or materials have been furnished to the Property within the statutory period for the filing of mechanics’ or materialmen’s liens on the Property. 12. Care. Owner will maintain the Property, other than the Parking Lot , in good repair and in the condition it was on the Commencement Date, less ordinary wear and tear, during the Term of this Agreement until Closing. 13. Risk of Loss. All risk of loss or damage to the Property, other than the Parking Lot, shall remain with Owner during the Term of this Agreement until Cl osing. 14. No Commission. The Parties represent and warrant that no third party is entitled to any brokers commission by virtue of any aspect of this transaction. 15. Survival of Representations and Warranties. This Agreement (including the Parking Lot Lease and Real Property Purchase Right of First Refusal ) shall be binding upon the Parties and their respective heirs, legal representatives, successors and assigns, and the covenants contained herein shall survive the Closing of this transaction. Without limiting the foregoing, this Agreement (including the Parking Lot Lease and Real Property Purchase Right of First Refusal) shall be binding on TLK McClung should it acquire the Property pursuant to the Deed upon Owner’s death. 16. Amendments. This Agreement shall not be amended or modified in any way except by an instrument signed by Owner and Town. 8 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any legal action between the Parties concerning this Agreement shall be brought in the General District Court or Circuit Court for Roanoke County, Virginia, and in no other. 18. Memorandum of Lease and Right of First Refusal. The Parties shall execute a Memorandum of Lease and Right of First Refusal and record such Memorandum in the Clerk’s Office of the Circuit Court of Roanoke County, Virginia. This Agreement shall not be recorded. 19. Entire Agreement. This Agreement contains the entire agreement between the Parties and may be changed only by a written amendment, signed by both Parties. 20. Owner’s Certification of Ownership. By executing this Agreement, Owner represents and warrants that (i) Owner has the full power and authority to enter into and perform its obligations under this Agreement and (ii) Owner holds fee simple title to the Property and is the sole owner of the Property. 21. Attorney’s Fees. In the event of litigation relating to this Agreement, the American Rule shall apply, and each Party shall bear its own attorneys’ fees, and no fee-shifting shall apply. 22. Counterparts. This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. WITNESS the following signatures and seals: TOWN OF VINTON, VIRGINIA David S McClung II. _____________________________ _________________________ By: Richard “Pete” W. Peters Jr. Its: Town Manager 9 TLF McClung, LLC executes this Agreement for the purpose of acknowledging that its interest in the Property, if any, upon Owner’s death will be subject to and subordinate to the Town’s rights in the Property under this Agreement in accordance with Virginia Code § 64.2- 632(B). _____________________________ By: Frances M. Ferguson Its: Member 1 Meeting Date February 15, 2022 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute an Amendment to Memorandum of Understanding (MOU) dated July 1, 2019 between Roanoke County and the Town of Vinton Summary Roanoke County and the Town of Vinton entered into a Memorandum of Understanding dated April 9, 2019 (“2019 MOU”), to provide for the sharing of certain local tax revenues and the sharing of the costs of certain public services, and assigning responsibility for certain aspects of public safety. The parties desire to memorialize the completion of certain obligations under the 2019 MOU and amend the agreement with regard to the disposition of certain assets, fiscal obligations, and the provision of public services. Council was briefed on this matter at their February 1, 2022 meeting. Roanoke County approved the Amendment at their February 8, 2022 meeting. Attachments Amendment to MOU Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary {00449472.DOCX } 1 AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN ROANOKE COUNTY AND THE TOWN OF VINTON This Amendment to Memorandum of Understanding (“Amendment”) is executed by and between Roanoke County, Virginia, a political subdivision of the Commonwealth of Virginia (“County”), and the Town of Vinton, Virginia, a municipal corporation of the Commonwealth of Virginia (“Town”), this _____ day of February, 2022, for the purpose of amending the Memorandum of Understanding between the parties executed on April 9, 2019 (“the 2019 MOU”). The County and the Town shall collectively be referred to in this Amendment as the “parties.” References herein and in the 2019 MOU to the “MOU” shall mean the 2019 MOU as amended by this Amendment. WHEREAS, the parties entered into a Gain Sharing Agreement dated 2 November 1999 (“the 1999 Agreement”), to provide for the sharing of certain local tax revenues and the sharing of the costs of certain public services; and WHEREAS, the 1999 Agreement expired on June 30, 2019 and was replaced with the 2019 MOU, which had an effective date of July 1, 2019; and WHEREAS, the parties desire to amend the 2019 MOU to memorialize the completion of certain administrative tasks set forth in the 2019 MOU and to amend certain provisions of the 2019 MOU concerning the disposition of certain assets, the sharing of certain revenues, the payment of certain debts, and the provision of public services; and WHEREAS, the amendments to the 2019 MOU contained herein shall take effect as of July 1, 2022; and WHEREAS, both parties employ a fiscal year that commences on July 1 of a given year and ends on June 30 of the subsequent year (“fiscal year”). NOW, THEREFORE, in consideration of the mutual covenants and agreements made herein, the parties amend the following Sections of the 2019 MOU as stated herein: 1. TERM. This MOU took effect on July 1, 2019 (“Effective Date”). The MOU shall terminate on June 30, 2027 (“Termination Date”). The MOU automatically shall renew for additional four year periods beyond the Termination Date unless either party provides the other party with twenty-four (24) months’ written notice of termination. Each subsequent four-year period will be referred to as a Renewal Term, and the Termination Date automatically will be extended to June 30 of the then-current Renewal Term. Should the Town elect to terminate this MOU prior to its expiration date and prior to conveyance of the Town Fire Station, as contemplated in Paragraph 7 of this MOU, Town shall, within 180 days of the termination, refund all sums paid by County for debt service and capital improvements to the Station or transfer ownership to the County by special warranty deed. {00449472.DOCX } 2 3. SOLID WASTE COLLECTION; TIPPING FEE. The Town shall continue to provide trash collection services for its residents so that the County does not have to assume responsibility for that function. During each fiscal year during the Term of this MOU, beginning with the fiscal year ending on June 30, 2023, the County shall appropriate and pay to the Town an amount that equals the total amount of tipping fees paid by the Town to the Roanoke Valley Resource Authority (“RVRA”). For budgeting purposes, the County shall budget at least $225,000 annually to satisfy this obligation. The Town shall timely pay invoices it receives for tipping fees from the RVRA. On or before the end of each calendar quarter during each fiscal year, the County shall pay one-fourth of the annual budgeted amount to the Town to offset the tipping fees paid by the Town to that point during the fiscal year. The parties shall meet and confer at the end of each fiscal year during the Term of this MOU to reconcile estimated and actual tipping fee expenses and payments. The parties may agree to increase the amount the County will budget as an estimate of the total amount of tipping fees to be reimbursed to the Town. 4. FIRE AND EMERGENCY MEDICAL SERVICES. The County has assumed and shall continue to assume all responsibility for providing all fire, emergency medical and related services in the Town. The County shall provide all reasonable and necessary levels of fire, emergency medical and related services in the Town, which shall be determined by the County Chief of Fire/Rescue. 5. FIRE/RESCUE PERSONNEL. The parties have complied with their respective obligations under Section 5 of the 2019 MOU. Section 5 is hereby deleted from the MOU. 8. FIRE/RESCUE DEPARTMENT MAINTENANCE AND OPERATION. The County has assumed and shall continue to assume responsibility for all operation and maintenance expenses associated with the provision of fire, emergency medical and related services to the Town, including without limitation, the costs of operating the Fire/Rescue Department, the costs of maintaining, improving, acquiring and insuring equipment, supplies, and vehicles used to provide fire, emergency medical and related services in the Town, and the costs of maintaining, and operating the Fire/Rescue Station. The Town shall maintain all property and casualty insurance, at replacement cost levels, on the Fire/Rescue Station and shall expressly assign all of its interests in the proceeds of any insurance payments for any property damage or losses of any kind related to the Fire/Rescue Station to the County, provided, however, that the payment of insurance proceeds to the County is contingent upon the County repairing, reconstructing or constructing the Fire/Rescue Station in the same location or at another location within the Town limits. The Town, at the request of the County, shall provide proof of the requisite insurance policies during the period of this MOU. The Town has complied with its obligation to convey to the County the title to any equipment, supplies, and vehicles owned by the Town and dedicated to the use of the Fire/Rescue Department. 9. FIRE PROGRAMS GRANT. During the Term of this MOU, the Town shall annually apply for and, if awarded, pay over to the County grant funds reasonably believed to be available to the Town from the Commonwealth of Virginia for fire programs in the {00449472.DOCX } 3 Town. The County shall prepare, complete and provide to the Town all applications, documents, reports and supporting materials needed for the Town to submit annual fire program grant applications. The Town shall pay the funds over to the County within thirty (30) days of receipt of the grant funds from the Commonwealth. The Town has complied with its obligation to pay to the County the balance of grant funds the Town had in its possession as of the effective date of the 2019 MOU. Once paid to the County by the Town, the County shall use fire program grant payments to support the provision of fire, emergency medical and related services in the Town. 13. FINAL GAIN SHARING PAYMENT. The County has complied with its obligation under the 1999 Agreement as modified by Section 13 of the 2019 MOU. The County is and shall be responsible for all OPEB payments and leave balances for the Town Fire/Rescue Personnel, shall procure Motorola public safety radios for use by the Town that are compatible with the County’s E911 system, and shall procure a new pumper truck for the Vinton Station and provide equipment as determined by the Chief of Fire/Rescue. 19. E911 AGREEMENT. During each fiscal year during the Term of this MOU, beginning with the fiscal year ending on June 30, 2023, the Town shall budget, appropriate and pay to the County $150,000 annually for E911 services. Such payment shall be due no later than 31 December of each fiscal year during the Term of this MOU. All prior agreements between the Town and the County for the provision of E911 services or any payments related thereto are hereby rescinded and voided effective 30 June 2022. 20. WESTERN VIRGINIA WATER AUTHORITY BOARD OF DIRECTORS. The Town is selling its water and sewer assets to the Western Virginia Water Authority (“WVWA”) effective on or about 1 July 2022. Consistent with that transaction, the County agrees that following the sale of the Town’s water and sewer assets to WVWA, one of the three County appointees to the WVWA Board shall be a person who is proposed by the Town and mutually agreeable to Town Council and the County Board of Supervisors. Upon the closing on the sale of the Town’s water and sewer assets to the WVWA, all prior agreements between the Town and the County regarding the construction and maintenance of the Town’s water system, including but not limited to the 1979 Memorandum of Understanding between the parties, shall be rescinded and voided. 21. OBLIGATION TO MEET AND CONFER. The County Administrator and the Town Manager will meet and confer regarding the respective obligations herein no later than 31 January 2025 so that any necessary amendments or notice of termination can be provided in a timely fashion prior to 30 June 2025. 23. PROVISIONS NOT AFFECTED BY THIS AMENDMENT. Except as expressly amended by this Amendment, all other terms, provisions, conditions, sections, and subsections of the 2019 MOU shall remain in full force and effect, and the parties hereby ratify and confirm that the 2019 MOU, as amended by this Amendment, is and remains in full force and effect. Without limiting the foregoing, Sections 2, 6, 7, 10, 11, 12, and 14 through 18 of the 2019 MOU are not amended by this Amendment. {00449472.DOCX } 4 WITNESS the following signatures to this AMENDMENT TO MEMORANDUM OF UNDERSTANDING: ROANOKE COUNTY, VIRGINIA _______________________________ By: Richard L. Caywood Its: County Administrator Approved as to form: _______________________________ By: Peter Lubeck Its: County Attorney TOWN OF VINTON, VIRGINIA _______________________________ By: Richard W. Peters, Jr. Its: Town Manager Approved as to form: _______________________________ By: Jeremy E. Carroll Its: Town Attorney 1 RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 15, 2022 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, Roanoke County and the Town of Vinton entered into a Memorandum of Understanding dated April 9, 2019 (“2019 MOU”), to provide for the sharing of certain local tax revenues and the sharing of the costs of certain public services, and assigning responsibility for certain aspects of public safety; and WHEREAS, the parties desire to memorialize the completion of certain obligations under the 2019 MOU and amend the agreement with regard to the disposition of certain assets, fiscal obligations, and the provision of public services; and WHEREAS, the major sections of the 2019 MOU that have been amended are detailed in the Town of Vinton Agreement Summary of Changes attached to this Resolution as Exhibit A; and WHEREAS, both parties employ a fiscal year that commences on July 1 of a given year and ends on June 30 of the subsequent year (“fiscal year”); and WHEREAS, Roanoke County and the Town have agreed to an Amended Memorandum of Understanding and Council needs to authorize the Town Manager to execute the same, with an effective date of July 1, 2022 and terminating on June 30, 2027. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Amended Memorandum of Understanding is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then deliver the Memorandum of Understanding and any other necessary documents in furtherance of the same. This Resolution adopted on motion made by ________________, seconded by ____________, with the following votes recorded: AYES: NAYS: 2 APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________________ Susan N. Johnson, CMC, Town Clerk Town of Vinton Agreement EXHIBIT A Summary of Changes 1. TERM. This MOU shall take effect on July 1, 2019 (“Effective Date”). The MOU shall terminate on June 30, 2027 (“Termination Date”). The MOU automatically shall renew for additional four year periods beyond the Termination Date unless either party provides the other party with twenty-four (24) months’ written notice of termination. Each subsequent four year period will be referred to as a Renewal Term, and the Termination Date automatically will be extended to June 30 of the then-current Renewal Term. Should the Town elect to terminate this MOU prior to its expiration date and prior to conveyance of the Town Fire Station, as contemplated in Paragraph 7 of this MOU, Town shall, within 180 days of the termination, refund all sums paid by County for debt service and capital improvements to the Station or transfer ownership to the County by special warranty deed. on June 30, 2027 (“Termination Date”). The MOU automatically shall renew for additional four year periods beyond the Termination Date unless either party provides the other party with twenty-four (24) months’ written notice of termination. Each subsequent four-year period will be referred to as a Renewal Term, and the Termination Date automatically will be this MOU prior to its expiration date and prior to conveyance of the Town Fire Station, as contemplated in Paragraph 7 of this MOU, Town shall, within 180 days of the termination, refund all sums paid by County for debt service and capital improvements to the Station or transfer ownership to the County by special warranty deed. shall pay to the Town a percentage of all sales tax revenue received by the County calculated as follows: the population of the Town divided by the population of the County, or as otherwise mandated by the Code of Virginia. For the purposes of this calculation, the Town and County population figures shall be taken from annual population data provided by the Weldon Cooper Center. Payments shall be made monthly, within thirty (30) days after the County’s receipt of each monthly sales tax distribution from the Commonwealth of 3. SOLID WASTE COLLECTION; TIPPING FEE. The Town shall continue to provide trash collection services for its residents so that the County does not have to assume responsibility for that function. During each fiscal year, the County shall budget, appropriate and pay to the Town a total of $110,000, to be paid in equal installments in July ($55,000) and January ($55,000) of each year beginning July 1, 2019. 3. SOLID WASTE COLLECTION; TIPPING FEE. The Town shall continue to provide trash for that function. During each fiscal year during the Term of this MOU, beginning with the fiscal year ending on June 30, 2023, the County shall appropriate and pay to the Town an amount that equals the total amount of tipping fees paid by the Town to the Roanoke Valley Resource Authority (“RVRA”). For budgeting purposes, the County shall budget at least $225,000 annually to satisfy this obligation. The Town shall timely pay invoices it receives for tipping fees from the RVRA. On or before the end of each calendar quarter during each fiscal year, the County shall pay one-fourth of the annual budgeted amount to the Town to offset the tipping fees paid by the Town to that point during the fiscal year. The parties shall meet and confer at the end of each fiscal year during the Term of this MOU to reconcile the amount the County will budget as an estimate of the total amount of tipping fees to be MOU,the County shall assume all responsibility for providing all fire,emergency medical and related services in the Town.The County shall provide all reasonable and necessary levels of fire,emergency medical and related services in the Town,which shall be determined by continue to assume all responsibility for providing all fire, emergency medical and related services in the Town. The County shall provide all reasonable and necessary levels of fire, emergency medical and related services in the Town, which shall be determined by the 5. RESCUE PERSONNEL. Upon the Effective Date of this MOU, the Town shall terminate the employment of the Town’s fire and emergency medical services personnel (“Town Fire/Rescue Personnel”). The County shall immediately hire and thereafter employ, subject to the County’s personnel policies and procedures and manpower needs, the Town Fire/Rescue Personnel who qualify for employment subject to County policies. Nothing herein shall be construed as a guarantee of continued employment for the Town Fire/Rescue Personnel. For purposes of seniority, salary, benefits and all other aspects of employment under the County personnel system, pay and benefits plans, and personnel policies and procedures, the County shall credit the Town Fire/Rescue Personnel for all Fire/Rescue employee who worked for ten years for the Town shall, upon being hired by the County pursuant to this MOU, be considered to have worked ten years for the County for all purposes pursuant to the County personnel system, pay and benefit plans, and personnel policies and procedures. The County shall afford Town Fire/Rescue Personnel salary and benefits commensurate with the tenure assigned to them under this MOU. Attached as Exhibit A is a list of Town Fire/Rescue Personnel, their Town salaries, and their tenure with the Town. Notwithstanding the transfer of pay, tenure and benefits, any Town Fire/Rescue Personnel hired by County under the terms of this MOU shall not be guaranteed to transfer their rank to an equivalent rank in the County. The rank assigned to Town Fire/Rescue personnel shall be at the discretion of the County’s Fire/Rescue Chief. The County Fire/Rescue Chief shall oversee all staffing, location and shift assignments as he determines necessary for public safety for Town Fire/Rescue employees who may be hired as County employees under this MOU. No other Town employees who happen to be hired by the County at or around the effective date of this MOU shall be subject to this provision. 5. FIRE/RESCUE PERSONNEL. The parties have complied with their respective obligations under Section 5 of the 2019 MOU. Section 5 is hereby deleted from the MOU. 6. FIRE/RESCUE STATION. The County shall assume and be responsible for all remaining debt payments associated with the Vinton Fire Station #2 located at 120 West the Town (collectively, the “Fire/Rescue Station”). The County shall make semi-annual payments to the Town on July 1 and December 1 of each fiscal year in amounts set forth in Exhibit B. The Town shall make timely semi-annual payments on the debt from the funds provided by the County pursuant to this section. The County shall be responsible for any interest, penalties, fees and other losses resulting from any late payment by the County to the Town under this section. The Town shall be responsible for any interest, penalties, fees and other losses resulting from any late payment by the Town to the Town’s creditor under its discretion to the extent permitted in the underlying loan documents applicable to the Fire/Rescue Station. The Town may not convey, assign, or otherwise transfer its interest in the Fire/Rescue Station during the term of this MOU, without the written, express consent of County. Town of Vinton Agreement EXHIBIT A Summary of Changes 7. FIRE/RESCUE STATION DEED. Following the final payment of all debt associated with the Fire/Rescue Station, the Town shall convey the Fire/Rescue Station to the County in its then-existing condition by special warranty deed. No change 8. FIRE/RESCUE DEPARTMENT MAINTENANCE AND OPERATION. Upon the Effective Date of this MOU, the County shall assume responsibility for all operation and maintenance expenses associated with the provision of fire, emergency medical and related services to the Town, including without limitation, the costs of operating the Fire/Rescue Department, the costs of maintaining, improving, acquiring and insuring equipment, supplies, and vehicles used to provide fire, emergency medical and related services in the Town, and the costs of maintaining, and operating the Fire/Rescue Station. The Town shall maintain all property and casualty insurance, at replacement cost levels, on the Fire/Rescue Station and shall expressly assign all of its interests in the proceeds of any insurance payments for any property damage or losses of any kind related to the Fire/Rescue Station to the County, provided, however, that the payment of insurance proceeds to the County is contingent upon the County repairing, reconstructing or constructing the Fire/Rescue Station in the same location or at another location within the Town limits. The Town, at the request of the The Town shall convey to the County the title to any equipment, supplies, and vehicles owned by the Town and dedicated to the use of the Fire/Rescue Department. Such equipment shall be set forth in Exhibit C to this MOU and incorporated herein by reference. 8. FIRE/RESCUE DEPARTMENT MAINTENANCE AND OPERATION. The County has assumed and shall continue to assume responsibility for all operation and maintenance expenses associated with the provision of fire, emergency medical and related services to the Town, including without limitation, the costs of operating the Fire/Rescue Department, the costs of maintaining, improving, acquiring and insuring equipment, supplies, and vehicles used to provide fire, emergency medical and related services in the Town, and the costs of maintaining, and operating the Fire/Rescue Station. The Town shall maintain all property and casualty insurance, at replacement cost levels, on the Fire/Rescue Station and shall expressly assign all of its interests in the proceeds of any insurance payments for any property damage or losses of any kind related to the Fire/Rescue Station to the County, provided, however, that the payment of insurance proceeds to the County is contingent upon the County repairing, reconstructing or constructing the Fire/Rescue Station in the same location or at another location within the Town limits. The Town, at the request of the The Town has complied with its obligation to convey to the County the title to any equipment, supplies, and vehicles owned by the Town and dedicated to the use of the Fire/Rescue Department. 9. FIRE PROGRAMS GRANT. During the Term of this MOU, the Town shall annually apply for and, if awarded, pay over to the County grant funds reasonably believed to be and supporting materials needed for the Town to submit annual fire program grant applications. The Town shall pay the funds over to the County within thirty (30) days of receipt of the grant funds from the Commonwealth. The Town also shall, within thirty (30) days of the Effective Date of this MOU, pay to the County the balance of grant funds the Town currently has from prior fire program grants. The Town currently has an accumulated balance of $159,000 from prior fire program grants. Once paid to the County by the Town, the County shall use the accumulated balance of prior fire program grants and all future fire program grant payments to support the provision of fire, emergency medical and related services in the Town. for and, if awarded, pay over to the County grant funds reasonably believed to be available to the Town from the Commonwealth of Virginia for fire programs in the Town. The County shall prepare, complete and provide to the Town all applications, documents, reports and supporting materials needed for the Town to submit annual fire program grant applications. The Town shall pay the funds over to the County within thirty (30) days of receipt of the grant funds from the Commonwealth. The Town has complied with its obligation to pay to the County the balance of grant funds the Town had in its possession as of the effective date of the 2019 MOU. Once paid to the County by the Town, the County shall use fire program grant payments to support the provision of fire, emergency medical and related services in the Town. to the Town fifty percent (50%) of the revenue the County collects from the transportation of patients. Commencing on the Effective Date of this MOU, the County will discontinue those payments and will retain one hundred percent (100%) of the transportation revenue it No Change 11. ANIMAL CONTROL. Prior to the Effective Date of this MOU, the Town has paid a variable amount annually to the Regional Center for Animal Care and Protection (“RCACP”) based on the Town’s usage of the regional facility. The Town shall continue to employ an animal control officer and provide animal control services for its residents so that the County does not have to assume responsibility for those functions. Beginning on the Effective Date of this MOU, the County shall budget, appropriate, and pay on behalf of the Town each fiscal year the fees charged to the Town by RCACP during such fiscal year. The Town shall forward invoices from RCACP to the County upon receipt, and the County shall pay the invoices directly to RCACP. The County shall pay RCACP invoices within thirty (30) days of receipt. This budgeted and appropriated amount may vary from year to year depending on the amount of fees actually incurred by the Town. The County and Town shall also petition the members of the RCACP to amend the RCACP operating agreement and bylaws as necessary to eliminate the Town as a member of the RCACP. the consent of the other members of the RCACP, the Town shall discontinue appointing a member on the RCACP Executive Committee and join the County in a request to appoint or cause to be appointed as a member of the RCACP Executive Committee an additional 13. FINAL GAIN SHARING PAYMENT. Subject to the deductions stated below, nothing herein shall modify or amend the County’s obligation to make the final payment to the Town under the November 2, 1999 Gain Sharing Agreement. As with prior payments under the Gain Sharing Agreement, the final payment will be due after the completion of the Town and County audits in the fall of 2019 and the calculation of the amount due. The County shall make the final payment under the Gain Sharing Agreement to the Town on or before December 31, 2019. The foregoing notwithstanding, the following amounts shall be deducted from the County’s final payment under the Gain Sharing Agreement: 13. FINAL GAIN SHARING PAYMENT. The County has complied with its obligation under the 1999 Agreement as modified by Section 13 of the 2019 MOU. The County is and shall be responsible for all OPEB payments and leave balances for the Town Fire/Rescue Personnel, shall procure Motorola public safety radios for use by the Town that are compatible with the County’s E911 system, and shall procure a new pumper truck for the Vinton Station and provide equipment as determined by the Chief of Fire/Rescue. leave balances as of final payroll for FY 2019 for the Town Fire/Rescue Personnel, which by Motorola and compatible with the County’s E911 system, which are estimated to be Agreement, the County shall assume responsibility for all OPEB payments and leave balances for the Town Fire/Rescue Personnel, shall procure Motorola public safety radios for use by the Town that are compatible with the County’s E911 system, and shall procure a new pumper truck for the Vinton Station and provide equipment as determined by the Chief 14. VINTON BUSINESS CENTER. The parties confirm and acknowledge that Section 4.03 of the Gain Sharing Agreement regarding the McDonald Farm Economic Development Project, now known as the Vinton Business Center, and the August 15, 2006 Agreement between them concerning the Vinton Business Center survives the termination of the Gain from their respective obligations to comply with the terms of that August 15, 2006 Agreement. Furthermore, nothing herein shall affect the validity or enforceability of other agreements between the Town and the County. 15. FURTHER ASSURANCES. It is the intent and understanding of the parties to this inserted herein by reference. Furthermore, if through mistakes or otherwise any such provision is not inserted in correct form, then this MOU shall upon application of either party, be amended by such insertion so as to comply strictly with the law and without prejudice to the rights of either party. Each party shall execute and deliver, or cause to be executed and delivered, any and all instruments, documents and conveyances, and take any and all action as shall be necessary or convenient, required to vest in each party all rights, interests and benefits intended to be conferred in and under this MOU.No Change Town of Vinton Agreement EXHIBIT A Summary of Changes 16. BUDGET AND APPROPRIATIONS. The County Administrator and Town Manager shall include in the budgets they submit to their respective governing bodies the amounts they reasonably anticipate to pay to the other party or on behalf of the other party pursuant to this MOU for the ensuing fiscal year as an amount to be appropriated to or on behalf of obligations in this Agreement that are not otherwise required by law, are subject to appropriations from the County’s governing body. If the County fails to appropriate amounts due under this Agreement during any fiscal year, then the Town shall have the option, in its discretion, of considering the County to have terminated the Agreement as of the end of the fiscal year in which all required payments were not appropriated. The Town shall provide written notice of this determination within thirty days of the end of such fiscal year. No Change intended to confer any rights or remedies upon any person, other than the parties hereto No Change upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as Meeting Date February 15, 2022 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on February 7, 2022 and the following items were discussed at the meeting: • December 31, 2021 Financial Statements • Grant Resolutions (Planning & Zoning) • Stormwater Transfer Resolution • FY23 Debt Schedule Attachments December 31, 2021 Financial Report Summary Recommendations Motion to approve December 2021 Financial Report Town Council Agenda Summary Financial Report Summary December 31, 2021 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 8,032,258 3,235,876 978,422 3,659,274 423,399 113% Expenditures 8,032,258 4,234,877 762,090 3,706,647 (528,230) 88% Revenues over/(under) Expenditures (999,002) 216,332 (47,373) Revenues 384,800 804,034 14,952 4,225,627 3,421,594 526% Expenditures 384,800 798,754 28,517 155,027 (643,727) 19% Revenues over/(under) Expenditures 5,280 (13,565) 4,070,601 Revenues 4,513,595 2,203,542 554,895 2,283,408 79,866 104% Expenditures 4,513,595 2,651,580 326,553 2,103,993 (547,587) 79% Revenues over/(under) Expenditures (448,038) 228,342 179,414 Revenues 835,000 1,482,544 45,833 275,000 (1,207,544) 19% Expenditures 835,000 1,487,254 12,700 483,267 (1,003,987) 32% Revenues over/(under) Expenditures (4,710) 33,133 (208,267) Revenues 414,328 207,081 34,527 207,164 83 100% Expenditures 414,328 189,491 44,101 211,617 22,126 112% Revenues over/(under) Expenditures 17,591 (9,574) (4,452) Revenues 14,179,981 7,933,076 1,628,629 10,650,473 2,717,397 134% Expenditures 14,179,981 9,361,955 1,173,961 6,660,551 (2,701,405) 71% Revenues over/(under) Expenditures (1,428,879) 454,669 3,989,923