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HomeMy WebLinkAbout1/21/2025 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 21, 2025 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND CITIZEN GUIDELINES B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS E. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of January 14, 2025 2. Consider adoption of a Resolution appropriating funds in the amount of $500.00 received from AMVETS to the Vinton War Memorial Operating Supplies Account F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Magnets USA 35th Anniversary Proclamation – Marshall Stanley 2. Employee Recognition – Town Manager 3. Vinton First Aid Crew Update – Chris Sayre 4. Vinton Public Library Update – Jim Blanton and Kimberly Burnette-Dean G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda H. REPORTS FROM COMMITTEES 1. Public Works Committee – Cody Sexton Laurie J. Mullins, Vice Mayor Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Michael W. Stovall, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. Finance Committee – Andrew Keen a. Consider approval of Financial Statements for November 30 and December 31, 2024. I. ITEMS REQUIRING ACTION 1. Consider amending and recodifying Chapter 82, Streets, Sidewalks, and Other Public Places, of Vinton Town Code, by adding Article VI, Lighting in Roads, Streets, and Other Public Rights-of-Way, Sections 82-200 through 82-206 – Anita McMillan 2. Consider the adoption of a Resolution authorizing the Town Manager to execute a First Amendment to 2022 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 3. Consider adoption of a Resolution authorizing the Town Manager to execute a Collaboration Agreement with the Vinton Area Chamber of Commerce– Town Manager 4. Consider adoption of a Resolution Supporting funding for repairs and implementation of the Blue Ridge Parkway Foundation’s Strategic Plan, Blue Ridge Rising. – Town Manager J. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Vinton Area Chamber of Commerce Board – Town Manager K. TOWN ATTORNEY L. TOWN MANAGER’S PROJECT UPDATES/COMMENTS M. COUNCIL AND MAYOR N. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS: February 4, 2025 – Cancelled – Regular Council Meeting – Council Chambers February 4, 2025 – 5:30 p.m. – Joint Work Session Planning Commission – Council Chambers February 12, 2025 – 9:00 a.m. – Community Development Committee Meeting – TOV Annex February 17, 2025 – Town Offices Closed in Observance of Presidents Day February 18, 2025 – 3:00 p.m. – Finance Committee Meeting – TOV Annex February 18, 2025 – 6:00 p.m. – Regular Council Meeting – Council Chambers 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 January 21, 2025 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of January 14, 2025 Attachments January 14, 2025 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, JANUARY 14, 2025, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Laurie J. Mullins Vice Mayor Keith N. Liles Sabrina M. McCarty Michael W. Stovall STAFF PRESENT: Richard Peters, Town Manager Cody Sexton, Deputy Town Manager Antonia Arias-Magallon, Administrative Manager/Town Clerk Andrew Keen, Finance Director/Treasurer Fabricio Drumond, Police Chief Jeremy Carroll, Town Attorney Mayor Grose called the meeting to order at 6:00 p.m. The Town Clerk Council Member Liles, Council Member McCarty, Council Member Mullins, Council Member Stovall, and Mayor Grose present. After a Moment of Silence, Council Member Liles led Flag. announcements, and Council Activities, Council Member McCarty announced the following: January 20 – observance of Martin Luther King Jr. Day; February 1 – History Museum’s Event from 10 a.m. to 2 p.m.; February 17 – Town Offices Closed for the observance of Presidents Day. Council Member McCarty encouraged everyone to visit the entertainment venues social media and website for more information. Council Member Mullins following Council activities: December 5 – All of Town Council Members a Lighting and Christmas Parade; December 16 - Mayor Grose attended the Finance Committee Meeting; December 18 - Community Development Committee Meeting; December 20 - Member Mullins, and Mayor Grose attended the 2 Mayor Grose attended the Roanoke City Mayor Investiture Ceremony. The Mayor turned the meeting over to the Town Clerk Service. Mrs. Arias-Magallon then proceeded to administer the Oath of Office to Council Member Laurie J. Mullins, Council Member Keith N. Liles, and Mayor Grose. Office, each made brief comments. Council Member Stovall comments, Council Member Liles nominated Laurie J. Mullins for Vice Mayor. Council Member Stovall seconded the nomination, the nomination was carried by the following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, McCarty, Stovall, Grose; Nays (0) – None; Abstain (1) - Mullins. Vice Mayor Mullins. Elected Laurie J. Mullins as Vice Mayor for a term beginning January 1, 2025, to December 31, 2026 The next item on the agenda was the appointment of Council- Vice Mayor Mullins made a motion to approve a Resolution to appoint Town Manager; Andrew Keen, Treasurer; Antonia Arias-Magallon, Town Clerk; Fabricio Town Attorney for terms ending on December 31, 2026. The motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – (0) – None. Re-appointed Manager; Andrew Keen, Treasurer; Antonia Arias- Magallon, Town Clerk; Fabricio Drumond, Chief of Police and Jeremy Carroll, Town Attorney for terms ending on December 31, 2026 The next item on the agenda was the appointment of members to the Council- appointed Committees. McCarty made a motion to approve a Resolution to Committees for two- December 31, 2026: Sabrina M. Keith N. Committee; Bradley E. Grose and Michael W. Stovall to the Finance Committee and Laurie J. Mullins and Sabrina M. Works Committee. The motion was seconded by Appointed members to the Council-appointed Committees for two-year terms ending December 31, 2026: Sabrina M. McCarty and Keith N. Liles to the Community Development Committee; 3 roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Grose; Nays (0) – None. Sabrina M. Committee. Council Member McCarty made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Liles members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. December 3, 2024. Under reports from committees, Town Manager Peters Meeting. Mr. Peters commented that the Gus Nicks Boulevard and Hardy have been completed as of August and the Town is currently working on the final details. These were grant-funded projects by VDOT. The City of Roanoke contacted the Town a while back with interest in modifying the street Nicks Boulevard to include bike and pedestrian-friendly lanes. Traffic indicating the start of the project. Greenway Phase 2B paving was completed after many delays. There is a plan to cutting, opening the greenway finished projects. Glade Creek Greenway Phase 3 engineering study is about trying to identify the route. The plan is to try and connect the Greenway to Vinyard Park. The grant funding for the restroom for Wolf Creek Greenway was received and the restroom was ordered. The restroom should be installed by June. The committee members discussed the next steps for the 2050 comprehensive pla Comprehensive Plan has an advisory committee meeting on Friday. session for the Planning Commission on February 4 to discuss the Comprehensive Plan. The idea the plan in April or May. RFPs were received for the developer. Under items requiring action under the agenda, there was a motion to consider the adoption of a Resolution revising the procedures 4 for the Citizens' Comments and Petitions section at regular Town Council meetings. Town Clerk Arias-Magallon commented that the updated guidelines will introduce meetings. Mrs. Arias reviewed the updates to the guidelines. Monday before the meeting. must align with the original request. A three- unless new developments are presented. Each adjustments based on participation numbers. Council Member Liles made a motion to approve the Resolution regular Town Council meetings seconded by Vice Mayor Mullins and carried by voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. Approved Resolution No. 2622 Petitions section at regular Town Council meetings. Under appointments to boards and motion to re-appoint Teresa Davis as a member of the Board and Zoning Appeals to a new five- year term beginning January 17, 2025 ending January 16, 2030. Council Member McCarty made a motion to approve the Resolution to re-appoint Teresa Davis as a member of the Appeals to a new five- January 17, 2025, and ending January 16, 2030; the motion was seconded by Council member Liles, carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. Appointed Teresa Davis as a member of the Board and Zoning Appeals to a new five- beginning January 17, 2025, and ending January 16, 2030 Under appointments to boards and motion to re-appoint Bob Benninger as a member of the Vinton Planning Commission to a new four- year term beginning January 5, 2025, and ending January 4, 2029. Council Member Liles made a motion to approve the Resolution to re-appoint Bob Appointed Bob Benninger as a member of the Vinton Planning Commission to a new four-year 5 Commission to a new four-year term beginning January 5, 2025, and ending January 4, 2029; McCarty with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. January 4, 2029 Council expressed appreciation for another year together and with the Town expressed appreciation towards Council Member Stovall expressed condolences appreciation toward staff for all of their hard work. The Mayor called the Work Session to order at 6:40 p.m. Town Attorney Jeremy Carroll gave a presentation for the Town Council and the Town FOIA Officer required training on the Carroll answered the needed. The PowerPoint will be available at the Town Clerk’s office as part of the permanent files record. The Work Session adjourned at 7:27 p.m. Council Member Liles made a motion to adjourn the by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date January 21, 2025 Department Vinton War Memorial Issue Consider adoption of a Resolution appropriating funds in the amount of $500.00 received from AMVETS to the Vinton War Memorial Operating Supplies Account Summary AMVETS made a donation to the Vinton War Memorial in the amount of $500.00. The donation has been received into the Donations for Veterans Monument Revenue Account and needs to be appropriated to the Vinton War Memorial Operating Supplies Account. The Finance Committee reviewed this request at their January 21, 2025 meeting and recommends Council approval. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 21, 2025 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, AMVETS made a donation to the Vinton War Memorial in the amount of $500.00; and WHEREAS, the donation has been received into the Donations for Veterans Monument Revenue Account and needs to be appropriated to the Vinton War Memorial Operating Supplies Account. NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Vinton, Virginia does herby approve the following transaction: BUDGET ENTRY GENERAL LEDGER 99990000.334401 Appropriations $500.00 99990000.334404 Estimated Revenue $500.00 FROM REVENUE: 10035003-418981 Donations for Veterans Monum $500.00 TO EXPENDITURE: 10071104.506000 Supplies $500.00 This Resolution adopted on motion made by ____________________, seconded by ___________________ with the following votes recorded: AYES: NAYS: APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date January 21, 2025 Department Council Issue Proclamation – Magnets USA 35th Anniversary Summary Local manufacturer, Magnets USA, celebrates 35 years of being in business. Attachment Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, Magnets USA is celebrating 35 years in business in 2025, and 10 years in the Town of Vinton and Roanoke County; and WHEREAS, Magnets USA opened for business in 1990 when founder, Dale Turner, began selling his magnetic business cards door-to-door, travelling from the East Coast to West Coast to grow his business; and WHEREAS, Magnets USA has now grown to become a local staple in promotional gifts and marketing products in the Roanoke Valley; and WHEREAS, Magnets USA now has over 60 employees, has expanded their reach to over 35 thousand clients across North America, and has products in over 20 million American homes annually; and WHEREAS, Magnets USA has continued to provide solutions to clients by launching brands such as LifeLong Gifts and Minute Mail Gifts to offer personalized products that help Town of Vinton and Roanoke region businesses connect in a more meaningful way. NOW, THEREFORE, Mayor Bradley E. Grose and Vinton Town Council, on behalf of all our citizens, do hereby express our sincere appreciation and congratulations to Magnets USA for their 35th anniversary. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 21st day of January 2025. ____________________________________ Bradley E. Grose, Mayor Meeting Date January 21, 2025 Department Administration Issue Recognition of Employee Summary Town Manager Peters will recognize an employee for their completion of a certificate program. Attachments None Recommendations Recognize Employees Town Council Agenda Summary Meeting Date January 21, 2025 Department Administration Issue Vinton First Aid Crew Report Summary Chris Sayre, Chief of the Vinton First Aid Crew, will be at the meeting to give this report. Attachments None Recommendations No action required Town Council Agenda Summary Vinton First Aid Crew Year In Review 2024 2024 by the Numbers •Unit in Service: 4056 out of 4674 hours (87%) •A significant increase from 2023 •418 out of 470 shifts covered (89%)* •Estimated 16,224 Man hours 2024 by the Numbers •1612 Calls during volunteer hours •Increase from 2023 by almost 200 calls •Call locations: •1005 were in the Town of Vinton •576 in the areas directly surrounding the town (Roanoke County) •41 which were in adjacent localities (Roanoke City,Bedford, etc.) 41% 33% 2% 5% 3% 2% 8% 6% CALL TYPES ALS BLS Assist other Agency Vehicle Accidents ALS Critical Standbys Service Calls Fire Alarms 749 87 136 3 5 632 0 100 200 300 400 500 600 700 800 RMH Lewis Gale Salem Lewis Gale Blue Hills Lewis Gale Cave Spring VAMC No Transport Transports to Hospital Transports to Hospital Membership: January 2025 •56 Active Members •5 Paramedic/EMT-Intermediates •1 EMT-Advanced •21 EMT Basics •28 members released as an AIC (Attendant in Charge) or Driver •29 Members in Training •34 New Members joined from January to December 2024 Membership: Growth and Success •2024 has seen the largest growth in our membership in 10 years due to: •Roanoke County EMT class for volunteers. •28 members total recruited from the Vinton First Aid Crew alone •12 newly certified providers from this course alone in 2024 •Changes to our Organization and Recruitment strategy •Introduction of a Recruitment and Retention Officer •Creation of an Officers Academy •Expanded Community Engagement 2024: Challenges •In February of 2024, all Virginia EMS agencies were informed of the retiring of the regional drug box program •This led to a sudden need for expanded change and project planning to allow our agency to continue operating and providing care to the community •This change has required a significant increase in expenditures for day to day operations and will continue to do this year over year. •We are currently nearing the full transition to this process and working closely with Roanoke County Fire and Rescue and Western Virginia EMS Council. 2025:The Year Ahead •Growth •Vinton and the surrounding areas have seen a significant increase of interest in volunteerism and community,. •We are invested in being apart of building the future of EMS, healthcare, and first response. •Expansion of our training and community education •Expansion of our ASHI team •Providing more VAVRS courses •Introduction of a new Education Coordinator •Investing in our Community •We value our community, and it’s continued support •We aim to be more engaged in community events 2025: Future Plans •Creation of a more robust training structure •Planning for an in house EMT class with potential future •Expanded training equipment to provide top of the line training for our current and future providers •Investment in our members •Provide resources and training to support their future long after their membership with us •Providing a “leadership sandbox” to help community members learn what it take to be leaders while helping their community •Be a part of shaping the future of our community Volunteer Today! Email:volunteer@vintonems.com Find us on: Facebook Website Instagram Meeting Date January 21, 2025 Department Administration Issue Vinton Public Library Update Summary Jim Blanton, Director of Library Services will be providing an update on the Vinton Public Library. Attachments None Recommendations No action required Town Council Agenda Summary Roanoke County Public Library Vinton Library 300 S. Pollard Street Vinton, VA 24179 Possibility Starts with Discovery RCPL’s Strategic Plan Process New Outreach Librarian, Kelsey Frey Virginia Tech Partnership for Innovation Refreshed Spaces New Library Services Hoopla Wonder Books Book to Grow Kits RVL Mobile Popularity of the DigiLab continues! Digitize your old media— from photographs and film to vinyl records and audio cassettes— to preserve your history for future generations. Events for Kids Storytime: New sessions coming in March! Other notable programs: Stuffed Animal Sleepover Hero Kids Tabletop Gaming Music & Movement Art Aficionados Digital Citizenship for Kids Winter Reading – Free Rail Yard Dawgs Tickets Adult Programs @ Your Library Tech Programs -Microsoft Office -Computer Boot Camp for Older Adults -AI Other Programs Puzzle Swap VCC Game Nights Dulcimers Fun for Teens TVG Teen Volunteer Group Help with and create programs Get volunteer hours Other Teen Events Art Programs Book Club Town of Vinton Events National Night Out Senior Expo Arbor Day Dogwood Festival Fall Festival Christmas Parade Vinton Community Connection Vinton PD joined us earlier this year for coffee and conversation. Other guests included Mayor Brad Grose and Supervisor Tammy Shepherd. Thank you for your participation! Berkshire Health & Rehabilitation Center Vinton Boys & Girls Club Thrasher Preschool & Lynn Haven Preschool Outreach Coming Soon! Storytimes on Stage at the Farmers Market Summer Reading kicks off in June with Color Your World Reading Challenges year- round on Beanstack Contact Us Jim Blanton, Library Director jblanton@roanokecountyva.gov 540.777.8781 Kimberly Burnette-Dean, Vinton Library Branch Manager kburnette@roanokecountyva.gov 540.857.5043 rocolibrary.org @rocopublib on Facebook & Instagram Download the app, RVL Mobile! Meeting Date January 21, 2025 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on January 15, 2025. Cody Sexton, Deputy Town Manager will be present to provide a report to Council on what the Committee discussed. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 21, 2025 Department Finance Issue Finance Committee Summary The Finance Committee met on January 21, 2025. Andrew Keen, Finance Director, will be present to provide a report to Council on what the Committee discussed. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date Town Council Agenda Summary January 21, 2025 Department Planning and Zoning Issue Consider amending and recodifying Chapter 82, Streets, Sidewalks, and Other Public Places, of the Vinton Town Code, by adding Article VI, Lighting in Roads, Streets, and Other Public Rights-of- Way, Sections 82-200 through 82-206. Summary Town-owned roads, streets, and other public rights-of-way, as well as roads, streets, and other public rights-of-way that constitute part of the system of state highways and for which the Town receives certain highway maintenance funds, are subject to the Town Council’s jurisdiction. The Town Council has the power to promote the general welfare of its residents and the safety, health, peace, good order, comfort, and convenience of its residents. The Town Council also has the power to compel the abatement or removal of public nuisances. The proposed ordinance prohibits lighting practices that create public nuisances. Specifically, the ordinance prohibits lighting practices on roads, streets, and other public rights-of-way under the Town’s jurisdiction that create bright lights and glare that leave the property from which the light emanates, shine onto other properties, roads, and streets, invade and interfere with the public’s rights, and/or create safety hazards, and, therefore, create public nuisances. However, the ordinance also preserves lighting practices on roads, streets, and other public rights-of-way that increase nighttime safety, utility, security, and productivity. The ordinance identifies prohibited lighting practices, permitted lighting practices, and light fixtures that are exempt from the article. Attachment Ordinance Recommendations Motion to adopt the ordinance. 1 ORDINANCE NO. ____ AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 21, 2025, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending and recodifying Chapter 82, Streets, Sidewalks, and Other Public Places, of Vinton Town Code, by adding Article VI, Lighting in Roads, Streets, and Other Public Rights-of-Way, Sections 82-200 through 82-206, to the Vinton Town Code. WHEREAS, roads, streets, and other public rights-of-way owned by the Town, as well as roads, streets, and other public rights-of-way that constitute part of the system of state highways and for which the Town receives highway maintenance funds under § 33.2-319 of the Code of Virginia (1950), as amended (“Code”), are subject to the jurisdiction of the Vinton Town Council, as provided in §§ 15.2-2000 and 15.2-2001 of the Code; and WHEREAS, the Town has the power to promote the general welfare of its inhabitants and the safety, health, peace, good order, comfort, and convenience of its inhabitants under § 15.2-1102 of the Code and § 2.1 of the Vinton Town Charter; and WHEREAS, the Town has the power to compel the abatement or removal of public nuisances under §§ 15.2-900 and 15.2-1115 of the Code; and WHEREAS, the Vinton Town Council finds that bright light and glare that leaves the property from which it emanates and trespasses onto nearby properties has the effect of annoying the public by invading and interfering with the public’s rights, and, therefore, constitutes a public nuisance that can affect the public generally; and WHEREAS, the Vinton Town Council finds that bright light and glare that leaves the property from which it emanates and shines on or results in glare on adjacent roads and streets has the effect of creating traffic and safety hazards and, therefore, constitutes a public nuisance that can affect the public generally; and WHEREAS, the Vinton Town Council previously adopted and codified § 5-20 of the Zoning Ordinance of the Town of Vinton in order to prohibit outdoor lighting, provided as an accessory to any use or to illuminate any parking area, from shining directly on or resulting in glare on nearby properties or adjacent roads and streets; and WHEREAS, the Vinton Town Council finds that it is necessary and appropriate and in the public interest to extend this prohibition to bright light that emanates from roads, streets, and other public rights-of-way and shines directly on or results in glare on nearby properties, thereby creating a public nuisance; and 2 WHEREAS, § 15.2-2107 of the Code provides that any person occupying or using any of the streets, avenues, parks, bridges or any other public places or public property or any public easement of any description of the Town, in a manner not permitted to the general public, without having first legally obtained the consent of the Town, shall be guilty of a Class 4 misdemeanor; and WHEREAS, § 15.2-1429 of the Code permits the Vinton Town Council to prescribe fines and other punishments for violations of Town ordinances; and WHEREAS, § 82-1 of the Vinton Town Code provides that, unless otherwise specifically provided, any violation of Chapter 82 of the Vinton Town Code constitutes a Class 4 misdemeanor; and WHEREAS, following the adoption and codification of this Article VI of Chapter 82 (§§ 82-200 to 82-206) of the Vinton Town Code, any violation of a provision of Article VI of Chapter 82 shall constitute a Class 4 misdemeanor. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 82, Streets, Sidewalks, and Other Public Places, of the Vinton Town Code is amended and recodified, by adding Article VI, Lighting in Roads, Streets, and Other Public Rights-of-Way, Sections 82-200 to 82-206, to the Vinton Town Code as follows: Chapter 82 – STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES *** ARTICLE VI. –LIGHTING IN ROADS, STREETS, AND OTHER PUBLIC RIGHTS-OF- WAY Sec. 82-200. - Definitions. As used in this article, the following terms and words will have the meanings ascribed to them in this section: Full cutoff light fixture shall mean a light fixture so designed that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. As a practical matter, the light source cannot be seen when viewed on a plane horizontal with the bottom of the shade or shield. Light fixture or luminaire shall mean the complete lighting unit consisting of one or more of the following: the lamp, ballast, housing, and the parts designed to distribute the light, to position and protect the lamps, and to connect the lamp to the power supply. Lumen shall mean a measure of light energy generated by a light source, using a standard unit of measurement of luminous flux. The lumen rating of a light bulb or lamp is provided by the bulb manufacturer. 3 Maximum lumen rating shall mean the maximum initial light output measured in lumens as established by the lamp manufacturer. If a light fixture has multiple lamps, this rating refers to the combined total lumens of all lamps within the light fixture. Mounting height shall be the height measured from the grade directly under the point of illumination in the light fixture up to the lowest level of the point of illumination (bulb, lens, or globe) in the light fixture. (Ord. No. ____, __-__-2025) Sec. 82-201. - Purpose. The purpose of this article is to prohibit lighting practices on roads, streets, and other public rights-of-way that create public nuisances on nearby properties and adjacent roads and streets, while preserving lighting practices on roads, streets, and other public rights-of-way that increase nighttime safety, utility, security, and productivity. (Ord. No. ____, __-__-2025) Sec. 82-202. - Applicability. (1) This article applies to all light fixtures currently located or to be located within the roads, streets, and public rights-of-way in the Town, regardless of the use of the property regardless of whether the property has been expressly or impliedly dedicated to public use, conveyed to the Town by deed, acquired by the Town by any other means, or part of the system of state highways, and regardless of whether the property is used by a public service corporation pursuant to a Town-issued franchise. (2) All light fixtures currently located or to be located within the roads, streets, and public rights-of-way in the Town must comply with the provisions of this article, including existing light fixtures, replacement light fixtures, and new light fixtures. This article applies to light fixtures attached to buildings, structures, signs, poles, the earth, or any other location or in any other manner. (3) Any existing light fixture being operated in violation of this article at the time of its adoption must be brought into compliance with the requirements of this article within thirty (30) days following the article’s adoption. (4) Upon the application by an individual or entity operating a light fixture in violation of this article, the town manager may waive the enforcement of any one or more of the requirements of this article as to light fixture that is the subject of the application, if the town manager finds that the strict application of the requirement(s) is not necessary to abate or remove a public nuisance. (Ord. No. ____, __-__-2025) Sec. 82-203. - Exceptions. The requirements of this article shall not apply to the following light fixtures: 4 (1) Light fixtures which are not subject to this article by state or federal law. (2) Light fixtures within roads, streets, and public rights-of-way that are located in areas of the Town zoned GB General Business District, CB Central Business District, M-1 Limited Industrial District, M-2 General Industrial District, and Public/Open Space District under the Town’s Zoning Ordinance. (3) Light fixtures operated and maintained by a public service corporation operating in the Town’s roads, streets, and public rights-of-way under a franchise from the Town, provided that the Town has requested that the public utility operate and maintain the light fixtures for the benefit of the public to enhance nighttime safety, utility, security, or productivity and further provided that the Town may withdraw the application of this exception for any specific light fixture by providing thirty (30) days prior written notice to the public service corporation. (4) Light fixtures for parks, athletic fields, and/or events under the control or direction of the Town, Roanoke County, or the Roanoke County Public Schools, or as otherwise approved by the town manager. (5) Temporary light fixtures used for construction, law enforcement, emergency response, public works, holidays, decorative purposes, fairs, and carnivals, provided the temporary light fixture is removed within seven (7) days of the completion of the project, event, or holiday for which the light fixture was used. (6) Security light fixtures controlled by sensors which provide illumination for ten (10) minutes or less. (7) Light fixtures for parking lots owned or operated by the Town. (8) Light fixtures for special events after having been issued a permit by the town manager. (Ord. No. ____, __-__-2025) Sec. 82-204. - Prohibited Lighting Practices. The following lighting practices are declared to be a public nuisance and a violation of this article: (1) Any light fixture subject to this article that is designed, located, aimed, arranged, and maintained so as to shine directly into structures on nearby properties or to direct glare onto adjoining roads or streets or nearby properties; (2) Light trespass from any light fixture subject to this article onto a nearby property or properties where the lighting intensity exceeds 0.2 vertical foot candles at height of five feet at the property line; or 5 (3) Light fixtures that have a maximum lumen rating greater than 5,800 lumens and are not fully shielded. (Ord. No. ____, __-__-2025) Sec. 82-205. – Safe Harbor Lighting Practices. Light fixtures operated in conformity with all of the provisions of this section will be deemed to not violate this article. (1) Full cutoff light fixtures that by design have a cutoff angle of not more than ninety degrees (90°) and that are properly installed to maintain the full cutoff angle of ninety degrees (90°). Fixtures which are shielded by a structural element to achieve the functional equivalent of a full cutoff light fixture also shall be considered to be in compliance with this article. (2) Light fixtures with a mounting height no higher than twenty-five feet (25') above the grade directly beneath the light fixture. (3) Light fixtures that have a maximum lumen rating that does not exceed 5,800 lumens. (4) Light fixtures that have a color temperature that does not exceed 3000 kelvin. (Ord. No. ____, __-__-2025) Sec. 82-206. - Town Manager’s Authority. (1) The town manager, or designee, shall have the power and authority, on behalf of the Town, to abate or remove any light fixture that violates this article. (2) The town manager, or designee, shall have the power and authority, on behalf of the Town, to direct any individual or entity, including a public service corporation, operating and maintaining a light fixture that violates this article for or on behalf of a third party to abate or remove the light fixture that violates this article. (3) The town manager, or designee, shall have the power and authority, on behalf of the Town, to initiate a civil or criminal enforcement action against any individual or entity that owns, operates, maintains, or otherwise controls the operation and maintenance of any light fixture that violates this article. (4) The town manager, or designee, shall have the authority to issue waivers under § 82- 202(4) and special event permits under § 82-203(4) and (8). (4) The town manager, or designee, shall have the authority to develop policies, procedures, and forms to implement this article. (Ord. No. ____, __-__-2025) 6 BE IT FURTHER ORDAINED that Sections 82-197 through 82-199 will be reserved in Article V of Chapter 82 for future use. BE IT FURTHER ORDAINED that Sections 82-207 through 82-209 will be reserved in Article VI of Chapter 82 for future use. BE IT FURTHER ORDAINED that Article VI of Chapter 89 will take effect immediately. This Ordinance was adopted on motion made by Council Member ____________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date January 21, 2025 Department Administration Issue Consider the adoption of a Resolution authorizing the Town Manager to execute a First Amendment to 2022 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 David S. McClung, owner of the property at 7 Walnut Avenue to finalize the terms of a First Amendment to the 2022 Parking Lot Lease and Real Property Purchase Right of First Refusal to also include the building located at this address. In 2024, the Town constructed an 83-space public parking lot to support downtown activity. The proposed amendment to the lease will provide the opportunity for the Town to sublease the building to support additional downtown business activity and job growth. 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 and the building. Attachments First Amendment to the Parking Lot Lease and Real Property Purchase Right of First Refusal Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 21, 2025 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, David S. McClung, II is the owner of certain real property consisting of approximately 1.463 acres, located at 7 Walnut Avenue in the Town of Vinton; and WHEREAS, the Town and Mr. McClung executed an agreement approved by Council stated on Resolution No. 2495 for a Parking Lot Lease and Real Property Purchase Right of First Refusal on May 1st 2022; and WHEREAS, the Town constructed a parking lot in 2024, consisting of 83 public parking spaces for the benefit of community events, support of downtown businesses and improved tenant parking for 7 Walnut Avenue; and WHEREAS, the Town and Mr. McClung have agreed to a First Amendment to the Parking Lot Lease and Real Property Purchase Right of First Refusal between the Town, to also include the building located at 7 Walnut Avenue; and WHEREAS, the Town intends to sublease the building at 7 Walnut Avenue to encourage job creation, downtown business activity and revenue generation; and WHEREAS, 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 property. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The First Amendment to the Parking Lot Lease and Real Property Purchase Right of First Refusal is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Amendment to the Parking Lot Lease and Real Property Purchase Right of First Refusal and any other necessary documents in furtherance of the same. This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk {00463069.DOCX } 1 FIRST AMENDMENT TO PARKING LOT LEASE AND REAL PROPERTY PURCHASE RIGHT OF FIRST REFUSAL THIS FIRST AMENDMENT TO PARKING LOT LEASE AND REAL PROPERTY PURCHASE RIGHT OF FIRST REFUSAL AGREEMENT (“Amendment”) is made and entered into this ____ day of January, 2025, 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”). Owner, the Town, and TLF McClung collectively may be referred to herein as the Parties. RECITALS WHEREAS, Owner is the owner of certain real property consisting of approximately 1.463 acres, located at 7 Walnut Avenue in the Town of Vinton, County of Roanoke, Virginia, and identified as Tax Parcel ID Number 060.15-07-17.00 (“Property”), which Property is depicted on Exhibit A to that Parking Lot Lease and Real Property Purchase Right of First Refusal Agreement among the Parties dated May 1, 2022 (“Agreement”), which Agreement, including all exhibits thereto, is attached as Addendum 1 to this Amendment; and WHEREAS, pursuant to the Agreement, Owner leased to the Town and the Town leased from Owner that portion of the Property identified as the Parking Lot in the Agreement; and WHEREAS, the Town has, pursuant to the terms of the Agreement, improved the Parking Lot for use by the public for parking in downtown Vinton, and the Town intends to continue to use the Parking Lot for that public purpose; and WHEREAS, Owner has, pursuant to the terms of the Agreement, granted the Town a Right of First Refusal to purchase the Property, and TLF McClung joined in the Agreement for the purpose of acknowledging that its interest in the Property upon Owner’s death is subject to and subordinate to the Town’s rights in the Property under the Agreement in accordance with Virginia Code § 64.2-632(B) (which provides that TLF McClung, as the designated beneficiary of a transfer on death deed, will take the Property upon Owner’s death subject to contracts and other interests to which the Property is subject at the time of Owner’s death, including without limitation the Town’s Right of First Refusal to Purchase Property); and {00463069.DOCX } 2 WHEREAS, Owner and the Town intend for the Parking Lot Lease (Section I of the Agreement) and the Right of First Refusal to Purchase Property (Section II of the Agreement) to continue in full force and effect following the execution of this Amendment; and WHEREAS, Owner and the Town desire to amend the Agreement to add (as Section IA of the amended Agreement) a lease by Owner to the Town of the remainder of the Property, which includes an approximately 12,698 square foot warehouse (“Building”); and WHEREAS, TLF McClung joins in this Amendment for the purpose of confirming that its interest in the Property, including the Building, upon Owner’s death will be subject to and subordinate to the Town’s rights in the Property, including the Building, under the Agreement and this Amendment in accordance with Virginia Code § 64.2-632(B) (which provides that TLF McClung, as the designated beneficiary of a transfer on death deed, will take the Property upon Owner’s death subject to contracts and other interests to which the Property is subject at the time of Owner’s death, including without limitation the Town’s Right of First Refusal to Purchase Property). WITNESSETH NOW THEREFORE, in consideration of the promises and covenants exchanged herein, the Owner, the Town, and TLF McClung agree as follows: IA. BUILDING LEASE 1. Leased Premises. Owner leases to the Town and the Town leases from Owner the remainder of the Property that is not being leased to the Town under the Parking Lot Lease included in the Agreement. The remainder of the Property leased to the Town under this Amendment includes the Building. The Parties’ intent is that, following execution of this Amendment, the Town will be leasing from Owner the entirety of the Property, which includes the Parking Lot and the Building. 2. Term and Renewal Terms. The Term of the Building Lease shall commence on February 1, 2025 (“Commencement Date”), and shall run concurrently with the Term of the Parking Lot Lease, terminating on June 30, 2032 (“Termination Date”), unless extended as provided for herein and in the Agreement. For clarity, this Building Lease, like the Parking Lot Lease, will 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 Owner or the Town provides the other with written notice of termination of {00463069.DOCX } 3 the amended Agreement on or before May 31 of any year during the Term or the Town exercises its Right of First Refusal to purchase the Property. Because the Term of this Building Lease will run concurrently with the term of the Parking Lot Lease, the Parties covenant and agree that any termination under this Section IA.2 of the Amendment or under Section I.2. of the Agreement will apply to both the Parking Lot and the Building. Further, the Parties covenant and agree that any termination under either Section IA.2. of this Amendment or Section I.2. of the Agreement will trigger the thirty (30) day period in which the Town may exercise its right to purchase the Property under Section 5.C. of the Right of First Refusal to Purchase Property in the Agreement. 3. Rent. The Town will pay Owner $1,800 per month ($21,600 per year) as Rent for the Building, which Rent will remain fixed until June 30, 2026. Thereafter, the annual Rent for the Building will increase every July 1, beginning July 1, 2026, by 2% over the annual Rent paid during the immediately preceding year. The annual Rent shall be paid in twelve equal monthly installments on or before the 10th day of each month. At the Town’s discretion, it may prepay Rent. Rent for any partial month will 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 prepaid Rent after the Closing Date shall be credited to the purchase price. If the Agreement is terminated during any Term or Renewal Term without the Town’s exercising its Right of First Refusal, then Owner shall reimburse to Town the prorated amount of prepaid Rent after the Termination Date. 4. Late Rent Payments. If any payment of Rent due under this Amendment is not received by Owner with ten (10) days of the date it is due, Owner shall provide written notice of non-payment to the Town and, after receipt of the written notice, the Town shall pay to Owner the unpaid Rent as well as a late charge equal to ten percent (10%) of the late payment. All payments that remain unpaid when due shall also bear interest until paid at an annual rate equal to six percent (6%). Such late charge and interest shall be considered as Additional Rent due to Owner. If any monthly installment of Rent and interest as herein called for remain overdue and unpaid for thirty (30) days after receipt of the written notice, Owner may, at its option, at any time during such default, declare this Building Lease terminated. Owner will have no other recourse in the event of a termination for non-payment of an installment of Rent, and the termination shall trigger the thirty (30) day period in which the Town may exercise its right to purchase the Property under Section 5.C. of the Right of First Refusal to Purchase Property in the Agreement. {00463069.DOCX } 4 5. Use of Building. The Town or its subtenants or assignees may use the Building for any purpose permitted under applicable zoning ordinances, including any future amendments thereto. The Town shall not use the Building, or allow the Building to be used, for any unlawful or improper purpose, including, but not limited to, the unlawful or improper use, possession, sale or distribution of any illegal drugs or controlled substances as prohibited by federal, state or local law. The Town shall not cause, maintain or permit any nuisance in, on or about the Building. 6. Building Alterations, Improvements, Replacements, and Additions. The Town or its subtenants or assignees may, at any time, make alterations, improvements, replacements, and additions in and to the Building as it or they deem appropriate for any permissible use of the Building; provided, however, the improvements must comply with applicable building and fire codes and further provided the Town or its subtenants or assignees will pay all and costs and expenses associated with the alterations, improvements, replacements, and additions. Any such alterations, improvements, replacements, and additions shall remain in the Building upon the expiration of the Building Lease. 7. Fixtures and Equipment. The Town or its subtenants or assignees may install equipment or fixtures as are reasonably necessary for its or their use of the Building. These equipment and fixtures shall remain the property of the Town or its subtenants or assignees, and the Town or its subtenants or assignees may remove all such equipment and fixtures at the expiration of the Building Lease, provided the Town or its subtenants or assignees repairs any damages caused by the removal of such equipment and fixtures. 8. Utilities. During the Term of the Building Lease, including any Renewal Terms, the Town or its subtenants or assignees will be responsible for providing and paying for all utilities to the Building. 9. Taxes. During the Term of the Building Lease, including any Renewal Terms, the Town or its subtenants or assignees will timely pay any real estate taxes attributable to the Building. 10. Maintenance. During the Term of the Building Lease, including any Renewal Terms, the Town or its subtenants or assignees will be responsible for maintenance of all components of the Building, including structural, mechanical, electrical, and plumbing components. Owner will have no responsibility following the Commencement Date to keep the Building, or any component thereof, in good repair, working order, or condition. {00463069.DOCX } 5 11. Insurance. During the Term of the Building Lease, including any Renewal Terms, the Town or its subtenants or assignees will carry property and casualty insurance insuring the Building against fire or other casualty. The Town or its subtenants or assignees also will carry casualty insurance on the contents of the Building, including without limitation any personal property, equipment and fixtures the Town or its subtenants or assignees locates in the Building. The Town or its subtenants or assignees also will maintain broad form comprehensive general liability insurance, in such amounts and with such insurance carriers (or self-insurance) that the Town or such subtenant or assignee deems appropriate. The Town or such subtenant or assignee will provide proof of all insurance required hereunder to Owner upon Owner’s request. 12. Quiet Enjoyment. Owner covenants that the Town and its subtenants and assignees shall have the quiet and peaceable enjoyment and possession of the Building during the Term of this Building Lease. 13. Owner Representations. Owner represents and warrants to the Town as follows: a. Authority. Owner has all requisite power and authority to enter into this Amendment, lease the Building to the Town, and perform its other obligations under this Amendment. b. Fee Simple. Owner holds fee simple title to the Property and is the sole owner of the Property. c. Condition of Premises. The structural, electrical, mechanical (including heating, ventilation, and air conditioning), and plumbing components in the Building are in good working order. To the best of Owner’s knowledge after reasonable inspection, there is no mold, asbestos, or lead paint in the Building. d. No Pending Foreclosures. Landlord has not received any notice of any mortgage default, notice of any mortgage acceleration, or notice of any foreclosure sale relative to any loan on the Property. 14. Town Representations. The Town represents and warrants to Owner that it has all requisite power and authority to enter into this Amendment, lease the Building from Owner, and perform its other obligations under this Amendment. 15. Damage or Destruction of Building. If, during the Term or any Renewal Term of this Amendment, the Building is destroyed by fire, natural causes, or other casualty, or so damaged thereby that it cannot be repaired with reasonable diligence within sixty (60) days, this Amendment {00463069.DOCX } 6 shall terminate as of the date of such damage or destruction. However, if the Building can with reasonable diligence be repaired within sixty (60) days, provided the damage or casualty is covered by insurance and, further provided, that local, state and/or federal ordinances, laws and regulations do not cause such rebuilding, restoration or repair to exceed the amount of insurance proceeds payable to Owner, the Building shall be, by Owner, repaired as quickly as is reasonably possible, and this Amendment shall remain in full force and effect; provided, however, Rent shall be abated for any part of the Premises which is rendered unfit for occupancy for the period that such unfitness continues. Termination under this Section shall trigger the thirty (30) day period in which the Town may exercise its right to purchase the Property under Section 5.C. of the Right of First Refusal to Purchase Property in the Agreement. 16. Force Majeure. Except as otherwise expressly set forth herein, in the event Owner or the Town shall be delayed or hindered in, or prevented from, the performance of any act or rendering of any service required under this Amendment, by reason of strikes, inability to obtain materials, failure of power, restrictive governmental laws or regulations, acts of God, incidences of terrorism, wars or riots, civil disturbances, floods, earthquakes, fire, explosions, epidemics, pandemics, hurricanes, tornadoes, or other reasons of a similar or dissimilar nature which are beyond the reasonable control of either the Town or Owner (collectively known as an “Event”), then the performance of any such act or rendering of any such service shall be excused for the period of the resulting delay and the period of the performance or the rendering of service shall be extended for a period equivalent to the period of such delay. 17. Assignment. The Town has the absolute right, without any condition and without the need to obtain any consent, to sublet the Building or to assign its rights and interests in the Building to third parties selected in the Town’s sole discretion. 18. 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 overnight delivery service, or by first class mail to the Party designated below to receive such notice: To Owner: David S. McClung 1480 Hollybrook Rd Salem, VA 24153 To Town: {00463069.DOCX } 7 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 19. No Cross Default. No default by the Town under this Amendment shall operate to terminate or limit in any way the Town’s right to purchase the Property pursuant to the Right of First Refusal to Purchase Property in the Agreement. 20. 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. 21. Binding Effect; Survival of Representations, Warranties, and Covenants. This Amendment shall be binding upon the Parties and their respective administrators, legal representatives, successors, heirs, subtenants, and assigns, and the representations, warranties, and covenants contained herein shall survive the termination of this Amendment and/or the Closing on the Town’s purchase of the Property. Without limiting the foregoing, this Amendment and the Agreement shall be binding on TLF McClung should it acquire the Property pursuant to a transfer on death deed upon Owner’s death. 22. Amendments. This Amendment shall not be amended or modified in any way except by an instrument signed by Owner and the Town. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any legal action between any of the Parties relating to this Agreement shall be brought in the General District Court or Circuit Court for Roanoke County, Virginia, and in no other. 24. Entire Agreement. This Amendment and the Agreement contain the entire understating among the Parties. 25. Limitation on Remedies. No Party shall be liable to any other Party for, and all Parties waive and release the other Parties from, any and all consequential, indirect, special, punitive and exemplary damages. {00463069.DOCX } 8 26. Severability. Any provision of this Amendment which is prohibited by, or unlawful, or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition, without invalidating the remaining provisions of this Amendment or the Agreement. 27. Counterparts. This Amendment 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. 28. Recitals; Agreement. The recitals to this Amendment are incorporated herein and made a part of the amended Agreement. The Agreement shall remain in full force and effect following the execution of this Amendment and is amended only to the extent expressly stated in this Amendment. WITNESS the following signatures and seals: TOWN OF VINTON, VIRGINIA David S McClung II. _____________________________ _________________________ By: Richard “Pete” W. Peters Jr. Its: Town Manager TLF McClung, LLC executes this Amendment for the purpose of acknowledging that its interest in the Property, including the Building, if any, upon Owner’s death will be subject to and subordinate to the Town’s rights in the Property, including the Building, under the Agreement and this Amendment in accordance with Virginia Code § 64.2-632(B). _____________________________ By: Frances M. Ferguson Its: Member Approved as to form: __________________ Town Attorney Meeting Date January 21, 2025 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Collaboration Agreement with the Vinton Area Chamber of Commerce Summary The Vinton Area Chamber of Commerce was founded to promote businesses and events within the Town or the greater Vinton Community. The Town has agreed to support various events, programs, and activities hosted and held by the Chamber. The Town of Vinton and Vinton Area Chamber of Commerce desire to memorialize the partnership as a Collaboration Agreement that details in writing the terms of the relationship. The Resolution will authorize the Town Manager to execute the Collaboration Agreement with the Vinton Area Chamber of Commerce. Attachments Collaboration Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 21, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Vinton Area Chamber of Commerce (“Chamber”), located at 118 E. Lee Avenue, Vinton, Virginia (“Premises”), was founded to promote businesses and events within the Town or the greater Vinton Community; and WHEREAS, the Chamber contracts for the use of town-owned property from the Town to host events; and WHEREAS, the Town has agreed to support various events, programs, and activities hosted or held by the Chamber as outlined in the Vinton Area Chamber Collaboration Agreement; and WHEREAS, the Collaboration Agreement specifies the responsibilities and functions of both the Town and the Chamber, including event support, reporting, rental fees, permit requirements, volunteer coordination, and other terms to ensure successful collaboration; and WHEREAS, the initial term of the Agreement shall commence on January 1, 2025, and shall terminate on December 31, 2025, with automatic renewal for four additional one-year terms unless otherwise terminated as specified in the Agreement; and WHEREAS, the Agreement includes provisions for annual funding to support the Chamber’s office rent, event promotion, and mutual cooperation in hosting events such as the Mingle at the Market Concert Series, the Senior Expo, the Fall Festival, and the Christmas Parade; and WHEREAS, the Vinton Town Council recognizes the importance of this collaboration in fostering the welfare and visibility of businesses within the greater Vinton community. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager to execute the Collaboration Agreement with the Vinton Area Chamber of Commerce, which shall be in a form approved by the Town Attorney. This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date January 21, 2025 Department Administration Issue Consider adoption of a Resolution Supporting funding for repairs and implementation of the Blue Ridge Parkway Foundation’s Strategic Plan, Blue Ridge Rising. Summary This resolution recognizes the significance of the Blue Ridge Parkway as a critical natural, cultural, and economic resource for the Town of Vinton and the broader region, traversing 469 miles and connecting the unique mountain cultures of Virginia and North Carolina. The Parkway attracts nearly 17 million annual visitors, contributing approximately $1.4 billion in visitor spending and $1.8 billion in economic output for surrounding communities. In response to the extensive damage caused by Tropical Storm Helene, the resolution emphasizes the urgent need for repairs to the Parkway’s infrastructure to ensure safety, accessibility, and continued economic vitality for adjacent communities. It also advocates for the full implementation of the Blue Ridge Rising Strategic Plan, which outlines sustainable strategies for preserving the Parkway’s natural beauty, enhancing visitor experiences, and fostering long-term economic benefits through tourism and recreation. Additionally, the resolution calls for: • Collaboration among local, state, and federal governments to secure necessary resources and implement supportive policies. • The establishment of a coalition of elected officials and community representatives to unify advocacy efforts and ensure the voices of impacted communities are heard. The Town of Vinton expresses its commitment to actively support these efforts and encourages other stakeholders to join in protecting and enhancing this vital resource. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 21, 2025, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA. A RESOLUTION SUPPORTING FUNDING FOR REPAIRS AND STRATEGIC IMPLEMENTATION OF BLUE RIDGE RISING ALONG THE BLUE RIDGE PARKWAY WHEREAS, the Blue Ridge Parkway traverses 469 miles from Afton Mountain in Virginia to the Qualla Boundary in North Carolina and unites these two states' unique mountain cultures and identities with a world-renowned national park that celebrates the places, communities, and people along the Parkway; and WHEREAS, the Blue Ridge Parkway is the most-visited unit of the national park system, attracting nearly seventeen million visitors each year and contributing significantly to the local and regional economies in Virginia and North Carolina; and WHEREAS, the Parkway generates approximately $1.4 billion in visitor spending and $1.8 billion in total economic output for the 1,799,000 residents of the surrounding corridor of twenty- nine counties, seven independent Virginia cities, and numerous municipalities in North Carolina and Virginia, including the Town of Vinton in Roanoke County; and WHEREAS, the Blue Ridge Parkway Foundation serves as the sole official philanthropic partner to the Blue Ridge Parkway, advocating for necessary funding and resources for the Parkway’s maintenance, preservation, and community engagement; and WHEREAS, the Blue Ridge Rising strategic plan provides a roadmap for the sustainable management and enhancement of the Parkway, ensuring that it continues to serve as a vital resource for environmental education, recreation, tourism, and community connection; and WHEREAS, Tropical Storm Helene has caused catastrophic damage and loss of life for several communities in western North Carolina and southwest Virginia, including those communities adjacent to the Parkway; and WHEREAS, repairs are critical to preserving the safety and accessibility of the Parkway and its adjacent communities, which is essential for their economic wellbeing; and WHEREAS, collaboration among local, state, and federal governments is critical in this response and imperative to secure the necessary funding and policies that will sustain and benefit the communities surrounding the Blue Ridge Parkway; and WHEREAS, the establishment of a coalition composed of elected officials and community representatives will enhance advocacy efforts and foster a unified regional voice for the Blue Ridge Parkway corridor. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council endorses and supports the following: 1. Funding for Repairs: Urging state and federal governments to prioritize and allocate funding for repairs along the Blue Ridge Parkway to ensure its continued safety and accessibility; 2. Implementation of the Blue Ridge Rising Strategic Plan: Advocating for the full funding and implementation of the Blue Ridge Rising Strategic Plan to enhance visitor experience, preserve natural resources, and promote sustainable tourism along the Parkway; 3. Collaboration and Support: Calling upon local, state, and federal officials to collaborate with the Blue Ridge Parkway Foundation and other stakeholders to secure resources and policies that benefit the Parkway and its surrounding communities; and 4. Coalition Creation: Supporting the formation of a coalition of elected officials and community representatives dedicated to advocating for the Blue Ridge Parkway, ensuring that the needs and voices of the communities along the corridor are effectively represented. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to relevant local, state, and federal entities, as well as the Blue Ridge Parkway Foundation, to demonstrate our unified support for the Parkway and its vital role in our communities. This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Antonia Arias-Magallon, Town Clerk 1 Meeting Date January 21, 2025 Department Council Issue Appointments to Boards/Commissions/Committees Summary The Vinton Area Chamber of Commerce By-laws provides for one member of the Town Council to serve as an Ex-Officio Member of their Board of Directors. Council needs to make appointments for the following: Vinton Area Chamber of Commerce Board Town staff is recommending Michael W. Stovall to be appointed as a representative from Vinton Town Council as an Ex-Officio Member to the Vinton Area Chamber of Commerce Board of Directors for a two-year term beginning January 1, 2025, and ending December 31, 2026. Attachments None Recommendations Nominate and motion to appoint individuals Town Council Agenda Summary