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Home My WebLink About7/18/2023 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, July 18, 2023 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 June 20, 2023 F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. H. BRIEFINGS 1. 4th Quarter Police Department Report – Deputy Chief Lawless 2. Vinton History Museum Lift Update – Town Manager 3. Town of Vinton Community Rating System and Hazard Mitigation Projects Update, 2023 – Nathan McClung 4. Virginia Outdoors Foundation Open Space Lands Preservation Trust Fund Grant Update – Fayula Gordon Michael W. Stovall, Vice Mayor Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 I. ITEMS REQUIRING ACTION J. TOWN ATTORNEY K. TOWN MANAGER’S PROJECT UPDATES/COMMENTS L. REPORTS FROM COMMITTEES 1. Public Works Committee – Bo Herndon M. COUNCIL N. MAYOR O. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for discussion of the appointment of the Town Clerk. P. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING Q. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: August 1, 2023 – Canceled – Regular Council Meeting August 1, 2023 – 6:00 p.m. – National Night Out – Vinton War Memorial August 7, 2023 – 3:00 p.m. – Finance Committee Meeting – TOV Annex August 9, 2023 – 8:00 a.m. – Community Development Committee Meeting – TOV Annex August 15, 2023 – 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 July 18, 2023 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of June 20, 2023 Attachments June 20, 2023 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, JUNE 20, 2023, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Michael W. Stovall, Vice Mayor Keith N. Liles Sabrina McCarty Laurie J. Mullins STAFF PRESENT: Pete Peters, Town Manager/Town Clerk Cody Sexton, Assistant Town Manager/Treasurer Antonia Arias-Magallon, Administrative Manager Donna Collins, Human Resources/Risk Management Jeremy Carroll, Town Attorney Fabricio Drumond, Police Chief Tim Lawless, Deputy Police Chief Andrew Keen, Finance Director Nathan McClung, Assistant Planning and Zoning Director The Mayor called the meeting to order at 6:00 p.m. The Administrative Manager called the role with Council Member Liles, McCarty, Council Member Mullins, Stovall, and Mayor Grose present. After a Moment of Silence, Council Member Liles led the Flag. announcements, and Council Activities, Council Member McCarty announced the following: Market is open; Saturday, June 24 from 7 p.m. to 10 p.m. is Mingle at the Market; June 29 from 5 p.m. to 7 p.m. Business After Hours in the back of the Vinton Chamber office; July 4, Boys and Girls Club will hold a 4 on the 4th race start line at the Vinton War Memorial at 8 a.m., and July 4th is the Town of Vinton Celebration starting at 6:30 p.m. Fireworks at 9:30 p.m. Council Member McCarty encouraged everyone to venues in the community and to follow the Town’s social media and website for more information. Council Member Mullins announced the following: June 12 – 2 – Council Member Liles and Council Member McCarty attended the Community Development Committee Meeting; June 14 – attended the Vinton Lions Club Breakfast; June 20 – all members of Council Museum Lift Tour; and May 12 – attended the Valley Metro Station Opening. Under requests to postpone, add to or change the order of agenda items, Mr. Keen requested to Action, to consider a resolution appropriating funds in the amount of $15,182.32 for the receipt of funds from the VRSA insurance claim for reimbursement of the construction costs for water damage to the Farmers’ Market. Vice Mayor Stovall made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Mullins and carried Vote 5-0; Yeas (5) – Liles, McCarty, Grose; Nays (0) – None. Approved Resolution No. 2554 appropriating funds in the amount of $30,000.00, a cash donation from the Pathfinders for Greenways, for the Glade Creek Greenway Phase 2B; Approved Resolution No. 2555 to request VRSA grant funds for special training expenses; Approved Resolution No. 2556 appropriating funds in the amount of $417.40 received for scrap metal to the Public Works budget; Approved Resolution No. 2557 Appropriation: $500 AMVET donation to the Veteran’s Wall project; Approved Resolution No. 2558 Appropriation for VRSA funds from vehicle repair expense; Approved minutes of the Regular Meeting of June 6, 2023 Under awards, introductions, presentations, and proclamations, Deputy Police Chief Lawless introduced Police Officer Andrew Stephen Hagy to Council. Town Manager Peters Hagy. Town. The next item on the agenda was the the proposed amendment to the Town of Vinton’s FY 2022-2023 budget to appropriate funding for development expenditures, projected operational expenditures, capital reserves projects in the total amount of $5,329,163.16 in 3 Fund. Mayor Opened the Public Hearing at 6:14 p.m. Mr. Sexton reviewed a PowerPoint that will be on file at the Town Clerks’ office as part of the several revenues have been going up. Pari- mutual tax should come in about $200,000 higher than usual. The majority of our highest-producing The cigarette tax continues to rise. Interest from investments is at a high rate. The War Memorial Town’ paving. The Town is using the majority of the new revenue to offset the previously planned use of the fund balance that was used to cover projects settlement due to co Monsanto. Public Hearing at 6:30 p.m. Council commented on the sales tax revenue and expressed appreciation for the work on the budget. Council Member Liles approve amending the FY 2022- appropriate funds Council Member McCarty following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Grose; Nays (0) – None. Public Hearing Closed Approval of Resolution No. 2559 amending the FY 2022- funds. Under Briefings, Town Manager Peters second floor of the building. help staff move things from and to the second floor. Debbie Pitts and Judy Cunningham, who work for installed. 4 Council expressed appreciation for the service that the Historical Society provides at the Museum and commented on the cost of the lift. Under items requiring action under the agenda, there was a motion to consider adoption of a Resolution appropriating funds in the amount of $15,182.32 for the receipt of VRS Farmers’ Market. Council Member Mullins approve $15,182.32 for the receipt of funds from the VRSA Farmers’ Market Council Member McCarty following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullin McCarty, Grose; Nays (0) – None. Approval of Resolution No. 2560 $15,182.32 for the receipt of funds from the VRSA insurance claim for reimbursement of the construction costs for water damage to the Farmers’ Market. Town Attorney Carroll commented on reviewing two bids from Mr. McClung and Jamie Hurt for capital project bids for sidewalks and curbs and the walnut avenue parking lot. Town Manager Peters reminded everyone that the Town building will be closed Monday, July 3, and Tuesday, July 4, 2023, for the Fourth of July, and the Council Meeting on July 4 Public Works adjusted the Niagara and 3rd Street signal lights. The fire demolition is being discussed by the owners, working with the utilities for that project. The rest of Once it is completed, the street will be paved and temporarily strip take place around Town. The 3rd street lift station is completing its final construction activities. 107 Pollard gave their 45-day public notice ABC license and should be open sometime in July. Walnut Avenue Phase II is estimated to be completed by the Department for receiving a DCJS grant of about paving plan for FY24. The demolition of the Cleveland Mart project should be resuming soon. The Greenway Midweek crew will be doing some 5 awarded a second EPA grant of $500,000 which will be announced sometime in July. Town Manager Peters recognized Planning and Zoning for receiving a $218,000 grant from Virginia Outdoors for the former swimming pool site. The War Memorial is hosting 4 on the 4th for the Boys and Girls Club run. Under reports from committees, Andrew Keen commented on the June 12 meeting. Mr. Keen then commented on the April finances that were discussed. The Grant Fund continues to drop based on the ARPA funds that were used for revenue replacement system transfer. The General Fund cash is showing a positive impact of about $400,000 from March to April. There was an increase in investment funds due to the use of ARPA funds. Investments are currently earning about $25,000 a month in interest. Vice Mayor Stovall made a motion to approve April 30, 2023, Financial Statements as presented; Liles members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) - None. Nathan McClung commented on the June 14, Community Development Committee meeting. The History Museum lift was discussed during the meeting. The next item discussed Ramada Road street light issue. A resident called about a neighbor who had installed a street light a changed, making it hard for the resident to sleep at night due to the brightness. The Town is looking Cleveland Mart development project has a site plan that was submitted today and will be reviewed. The dumpster site at the Farmers’ Market is being looked into to be expanded to provide a larger businesses and the Farmers’ Market. The developers for the Gish M dedicated to getting started. The market study was updated for the Hotel Project, and there is a new engineering site plan for moving forward. The Town will be applying for transportation grants to Approved April 30, 2023, Financial Statements. 6 Council Members expressed appreciation for all the work the Town is doing and expressed excitement for what the future holds. Mayor Grose expressed appreciation to staff for the flags being put on for Flag Day, the events proclamation for long-time resident Frank Stone’s birthday. Council Member Liles made a motion to the meeting; the motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Richard W. Peters, Jr., Town Clerk Meeting Date July 18, 2023 Department Police Issue Vinton Police Department 4th Quarter Report Summary Deputy Chief Lawless will present the 4th Quarter (April-May-June) report for the Department Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date July 18, 2023 Department Administration Summary The History Museum is looking into getting a lift put in place at the museum. There will be an update on what has been discussed. Randy Layman, AIC-President of the Vinton Historical Society will be at the meeting to answer and questions or concerns. Attachments No attachments. Recommendations No recommendations. Town Council Agenda Summary Meeting Date July 18, 2023 Department Planning and Zoning Issue Briefing on the Town of Vinton’s 2023 annual progress report on specific mitigation projects set forth in the adopted 2019 Roanoke Valley-Alleghany Regional Hazard Mitigation Plan that was adopted on October 15, 2019 by the Vinton Town Council. Summary The Roanoke Valley-Alleghany Regional Hazard Mitigation Plan that was adopted on October 15, 2019 by the Vinton Town council. As part of the commitment to strive for the goals and action items included within this Plan, localities are tasked with revisiting the specific mitigation projects denoted for their specific jurisdiction and give their local governing body an annual update on specific efforts, activities, and processes that have completed or are ongoing on an annual basis. In the Annual Progress Report attached, sections marked with the color blue indicate that a specific or unique project or task has been completed in the past year, which are in addition to all the other unmarked projects that are ongoing and occurring on an annual basis. Attachments Annual Progress Report, 2023 Recommendation No Action Town Council Agenda Summary RVARC Regional Hazard Mitigation Plan – Town of Vinton 1 Town of Vinton Hazard Mitigation Projects Update, 2023 Project Hazard Mitigated Benefit Cost Estimate Benefit-to- Cost Priority Funding Partners Implementation/ Lead Agency Proposed Schedule informational brochure or handout on emergency for about hazards. FEMA, RVARC Brochure Complete annually to every property in the SFHA (CodeRED Alert RVARC Regional Hazard Mitigation Plan – Town of Vinton 2 Project Benefit Priority Status Coordinate with and All Hazards Coordinated information Unknown Unknown Unknown Unknown Unknown Ongoing Ongoing support Community distribution Emergency Response Team (CERT) Public education All hazards Inform public about $50,000 Medium High FEMA, VDEM, Town of Vinton Ongoing Ongoing hazards and mitigation RVARC and RVARC options Localities Determine the need for generators at public infrastructure facilities, emergency shelters, and public buildings Ensure that water and sewer service can be operational during hazard events. Needed services can be provided during emergency events. government Public Works and Police Departments (Generator for Third Street pump station installed and Complete codes to evaluate need for changes that would improve disaster County and Town of Vinton Planning and Zoning Department Ordinance Effective April 1, 2022. remain in good standing with, the National Flood Insurance Program (NFIP) damage through enforcement of floodplain ordinances and availability of discounted flood insurance for property VDEM and Roanoke County certification to be retained. database and map of repetitive loss properties loss properties that should be mitigated VA DCR, Roanoke County and Town of Vinton And Town of Vinton RVARC Regional Hazard Mitigation Plan – Town of Vinton 3 Project Hazard Benefit -to- Priority Funding Implementation/ Status Proposed Seek funding to prepare site-specific hydrologic and hydraulic studies that look at areas that have chronic and repetitive flooding Flooding solutions to repetitive loss properties. and RVARC Localities governments when new projects arise. Glade Creek Streambank Restoration Planned for FY 2023-2024 new flood maps over the next 3 years. of flood prone residential properties and repetitive loss repetitive loss properties that could be used for planning purposes County and Town of Vinton Quarterly letters sent to properties in this area. RVARC Regional Hazard Mitigation Plan – Town of Vinton 4 Project Benefit Priority Status Update Regional Flooding Watershed/mitigation $500,000 Medium High FEMA, VDEM, Town of Vinton Not started As funding Stormwater planning and project RVARC and other Valley becomes identification Localities governments available Stormwater facilities Construction/ streambank restoration projects impact of flooding Town of Vinton, Substantially Complete Ongoing upgrade CRS Classification Rating insurance rates; reduction in flood loss Localities, Town of Vinton Planning and Zoning Department retained. additional IFLOWS monitoring and additional stream Heavy Rains timely information to allow faster, more accurate warnings to be issued to and RVARC Localities Roanoke County gauge installed on Glade Creek. flood gauge on Glade Creek in 2022. 5 Project Benefit Priority Status Public education Tornado Public informed about how $5,000 High Medium RVARC RVARC Not started; As funding workshops for to protect yourself during Localities lack of becomes tornado drills (public, a tornado in case you are funding available businesses and at home, in a car, at the schools) office, or outside Encourage residents Wildfire Reduction in damages $5,000 High Medium VA DOF, RVARC Roanoke County, Not started; As funding and developers to from wildfire Localities Town of Vinton lack of becomes use Fire-Wise funding available building design, siting, and materials for construction Community Wildfire Wildfire Reduction of loss to $50,000 Medium Medium VA DOF, RVARC Roanoke County Ongoing As funding assessments wildfire Localities and Town of becomes Vinton available RVARC Regional Hazard Mitigation Plan – Town of Vinton Meeting Date July 18, 2023 Department Planning and Zoning Issue Briefing regarding Virginia Outdoors Foundation Open Space Lands Preservation Trust Fund Grant Summary The Virginia Outdoor Foundation Preservation Grant has been awarded to the town of Vinton. As per the notice of award received in June of this year, the grant has been granted to the Town of Vinton in the amount of $218,295. The purpose of this grant is to facilitate the development of Vinton's inaugural Multi-Generational Park, a transformative project aimed at promoting physical activity and fostering social interaction among people of all age groups. The future park will serve as a vibrant hub for recreational activities, fostering a sense of unity and wellness throughout the community. The proposed project area for the Multi-Generational Park is the blighted pool site, which will transform the underutilized space and rejuvenate the area and create an inclusive environment that encourages physical fitness, social engagement, and a strong sense of community. This initiative aligns with Vinton's long-term goals of enhancing the Town’s infrastructure and livability promoting a healthy and active lifestyle for the residents. To facilitate the utilization of the Virginia Outdoors Foundation Preservation Grant, certain requirements must be fulfilled. Specifically, the designated parcel 060.16-06-33.00-0000, located at 814 Washington Ave, Vinton VA 24179, will undergo subdivision and be designated as open- space land in accordance with the Open Space Land Act. Attachments Virginia Outdoors Foundation Open Space Lands Preservation Trust Fund Grant Agreement Preservation Trust Fund Program Requirements Land Protection Only Proposed Budget for the Expected Funds Conceptual Design for the Proposed Park Town Council Agenda Summary VIRGINIA OUTDOORS FOUNDATION OPEN SPACE LANDS PRESERVATION TRUST FUND GRANT AGREEMENT Grant Recipient: Town of Vinton Project Title: Vinton's Multi-Generational Park Approval Date: June 1, 2023 VOF Grant Number: PTF2023-021 WebGrants Number: 1607 Project Period: 07/05/2023 – 07/07/2025 Project Description: Vinton, Virginia is building its first multi-generational park to promote healthy living and community engagement. The park's mission aligns with the Town's branding slogan, "Are you IN?", aiming to encourage locals to participate in outdoor activities and connect with their hometown and neighbors. The 5-acre park will be centrally located and boast a stunning view of the Roanoke Valley. The Town is the landowner of the park site, and it will be developed in different phases. Location: 37.28117, -79.88864, Roanoke County Tax Map Parcel ID: 060.16-06-33.00-0000, 814 Washington Ave, Vinton VA 24179 Grant Amount: $218,295.00 (Exhibit A, budget attached) Multiple Funding Sources: While it is the sole responsibility of the grant recipient to meet all program requirements, should this project utilize additional funding sources to achieve the goals listed in the project description above, all parties shall collaborate to ensure that the required land protection instrument satisfies the requirements of all funding sources. The Town of Vinton, in consideration of the grant funds in the amount of $218,295.00 being provided to it pursuant to this agreement by VOF, agrees to comply to the following terms and conditions: GRANT POLICIES Scope of work 1. The following deliverables are included in the grant agreement and are expected to be completed within the grant lifespan: a. Conveyance by the Town of Vinton of a right, interest, or privilege that that will protect, in accordance with Virginia Code §10.1-1801.1 and §10.1-1700, approximately 5 acres of open space on a portion of Roanoke County Tax Map Parcel ID: 060.16-06-33.00-0000. b. Such right, interest, or privilege shall also convey a permanent right of public access to the property. c. Infrastructure to promote public safety and public access such as: 1. Filling of an existing pool, 2. Development of a playground, 3. Installation of a planting and seating island. 2. Any variance from the listed scope of work and deliverables must be approved by VOF. PTF2023-021 GA w ith Exhibits, Tow n of Vinton 1 of 6 Schedule 3. All components listed above must be completed by 07/07/2025. 4. If no significant progress has been made after the first year of the contract, the grant agreement may be nullified, and funds reassigned. 5. In the case of land acquisition, the land acquisition must be completed before any investment in infrastructure or improvements are made. Funding 6. Grant funds distributed shall not exceed eligible documented costs incurred, not to exceed the total grant amount of $218,295.00. 7. Funding may be disbursed only once a real estate interest has been conveyed to VOF or a locality, such as the recordation of an open space easement, the dedication of land to open space, or another mechanism approved by VOF. 8. In the case of land acquisition using grant funds, verification of purchase price is required. Acceptable forms of verification include a settlement statement or deed of conveyance. 9. The general budget is a guide for expenditure. Funds from any item category may be reallocated toward other deliverables in the grant agreement if there is no impact to the scope of work. The grant recipient should inform VOF regarding line-item changes greater than 5% of the total award. 10. The parties understand that the grant funding hereunder may be subject to rescission by the Virginia General Assembly. In such event, VOF shall have the right to cancel this Agreement without liability thereon. In the Case of Land Acquisition 11. The recordable deed of conveyance executed on behalf of Grant Recipient, must be previously approved in form and substance by VOF. See Land Protection section below, which must follow acquisition or occur at the time of closing. 12. Should land be acquired using PTF grant funds, the following due diligence items must be provided: a. A survey of the property prepared by a Virginia licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. b. A Phase I Environmental Site Assessment prepared within six months of closing shall be provided. c. Final policy or commitment for owner’s title insurance less than ninety (90) days old showing title vested in the seller of the properties and that upon closing of the purchase transactions, the Town of Vinton will hold an unencumbered fee simple interest in the property (subject to easements and other encumbrances of record acceptable to VOF). d. Verification of eligible expenditures related to property acquisition at closing and shown on settlement statement, including, but not limited to survey fees, appraisal fees, legal fees including title reports and insurance, required reports, and recordation fees. 13. The Town of Vinton must provide contact information to the settlement agent who will be receiving the grant funds for closing and must also provide a W-9 for that company at least two weeks before the desired closing date. 14. The Town of Vinton shall work closely with VOF to set up all property closings and must contact VOF at least one month before the desired closing date to ensure that VOF will have sufficient funds available to meet the funding obligations created hereunder. 15. The Town of Vinton must provide copies of all recorded deeds of transfer, open space easements, and right-of-way or trail easements for which VOF monies have been awarded, showing the locality, deed book, page of recordation, and/or instrument number to VOF no later than one month after recordation. Land Protection 16. A recordable legal instrument reflecting the conveyance of a real estate right, interest, or privilege, such as deed of Open-Space dedication or easement executed on behalf of Grant Recipient, must be previously approved in form and substance by VOF. See Exhibit B: Sample Deed Language for example language that may be included. 17. If the property is being purchased by or is already owned by VOF or a locality, the deed must designate such property as open-space land in accordance with the Open-Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended. The deed shall include a right of public access and any other restrictions that pertain. 18. If the property is being purchased by or is already owned by any entity other than VOF or a locality, the deed must designate such property as open-space land in PTF2023-021 GA w ith Exhibits, Tow n of Vinton 2 of 6 accordance with the Open-Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended and the restrictions outlined below shall be imposed in perpetuity by enforceable restrictions set forth in the deed of conveyance or by restrictions set forth in a deed of easement or other instrument to be granted to VOF or a locality. The decision of whether deed restrictions, a deed of easement or some other instrument thereof shall be used shall be determined by VOF. a. A right of public access b. A no-division clause c. A cap on impervious surface d. A conversion/diversion clause 19. The Town of Vinton must provide the following due diligence: a. A survey of the property prepared by a Virginia licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. b. Copies of title work showing grantor’s fee simple interest in the property and/or a title insurance policy showing title vested in the grantor as well as any easements, rights, and other encumbrances of record acceptable to VOF. 20. The Town of Vinton must provide contact information to the settlement agent who will be receiving the grant funds for closing and must also provide a W-9 for that company at least two weeks before the desired closing date. 21. The Town of Vinton shall work closely with VOF to set up all property closings and must contact VOF at least one month before the desired closing date to ensure that VOF will have sufficient funds available to meet the funding obligations created hereunder. 22. The Town of Vinton must provide copies of all recorded deeds of transfer, open space easements, and right-of-way or trail easements for which VOF monies have been awarded, showing the locality, deed book, page of recordation, and/or instrument number to VOF no later than one month after recordation. Reporting 23. Progress reports are required throughout the lifespan of the grant. Reports should be submitted every six months following the signing of the grant agreement. Reports should be submitted through the VOF standardized process. Additionally, a final report is due upon completion of the project. Photo documentation should be included when appropriate. The grant will not be considered complete, nor closed out, until a final report has been received. Media and Publicity 24. The grant recipient will release information to the media informing the community of the grant award to the project and acknowledging that it has received funding from VOF. 25. All press releases and other printed materials and publications, audiovisuals, and signs pertaining to the project should reference the Virginia Outdoors Foundation or include the VOF logo. VOF staff is available to assist with drafting and release of press releases by request. Please contact Jason McGarvey at jmcgarvey@vof.org to coordinate. 26. Each project site will be permanently marked with a VOF sign or signs (as appropriate) in locations reasonably selected or approved by VOF. VOF shall provide such signs at no cost to the property owner. In cases where there are multiple funders this requirement may be fulfilled by including VOF on the sign acknowledging all funding sources. 27. All material submitted as support or documentation of project progress, like photographs, may be used by VOF to promote the grant program. Any VOF publication will cite the source of the reprinted material. These records will also be deemed public records and subject to Virginia’s Freedom of Information Act; however, copyright holders will retain their copyrights. Contract Authority 28. Modification of this Agreement must be in a writing executed by the parties hereto. 29. The interpretation and performance of this Agreement shall be in accordance with the laws of the Commonwealth of Virginia. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby. 30. The Town of Vinton shall hold the Commonwealth of Virginia harmless from all legal liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. §§ 9601 et seq., together with any other federal, state or local law or ordinance related to hazardous substances or hazardous waste. 31. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors. 32. The individuals executing this Agreement on behalf of VOF and Town of Vinton possess all necessary power and authority to bind the parties hereto and, upon execution, this Agreement shall constitute a legal and valid obligation of the parties hereto. PTF2023-021 GA w ith Exhibits, Tow n of Vinton 3 of 6 Termination: 33. VOF reserves the right to reclaim grant funds, or properties purchased with grant funds, or to nullify the grant agreement if recipient fails to meet land transfer deadlines, obtain appropriate open space protection, or provide required documentation regardless of transfer of ownership. If no significant progress has been made at the one-year review of the project, the grant agreement may be nullified. In witness whereof, the parties hereto have executed this contractual agreement as of the dates entered below. The Virginia Outdoors Foundation Leslie Grayson, Deputy Director Date Grant Recipient, Town of Vinton (Signature) Date Please Print Name Here Title PTF2023-021 GA w ith Exhibits, Tow n of Vinton 4 of 6 VIRGINIA OUTDOORS FOUNDATION OPEN SPACE LANDS PRESERVATION TRUST FUND – PUBLIC ACCESS Exhibit A: Budget Grant Recipient: Town of Vinton Project Title: Vinton's Multi-Generational Park Grant Number: PTF2023-021 WebGrants Project Number: 1607 Grant Amount: $218,295.00 The budget is a guide for expenditure. Items and quantities included in the budget were specified at the time of application. Alternative or substitute materials may be used without prior approval from VOF if the use and/or purpose is unchanged. Funds from any item category may be reallocated toward other deliverables in the grant agreement as long as there is no impact to the scope of work. Grant recipient should inform VOF regarding line-item changes greater than 5% of total award. Grant funds distributed shall not exceed eligible documented costs incurred, not to exceed the total grant amount of $218,295.00. Funding may be disbursed only once a real estate interest has been conveyed to VOF or a locality, such as the recordation of an open space easement, the dedication of land to open space, or another mechanism approved by VOF. ItemItem ExpenseExpense Permanent protection of approximately 5Permanent protection of approximately 5 acres of land, a portion of acres of land, a portion of Roanoke County Tax Map Parcel ID: 060.16-06-33.00-0000Roanoke County Tax Map Parcel ID: 060.16-06-33.00-0000 as open space includingas open space including associated due diligence costs.associated due diligence costs. Costs associated with safety and infrastructure installation, such as:Costs associated with safety and infrastructure installation, such as: MobilizationMobilization $20,000.00$20,000.00 DemolitionDemolition $3,115.00$3,115.00 Control of WorkControl of Work $20,000.00$20,000.00 Erosion and Sediment ControlErosion and Sediment Control $3,000.00$3,000.00 UtilitiesUtilities $10,000.00$10,000.00 Fill Existing PoolFill Existing Pool $22,000.00$22,000.00 New Playground SurfaceNew Playground Surface $60,000.00$60,000.00 EarthworkEarthwork $15,180.00$15,180.00 Small Child PlaygroundSmall Child Playground $25,000.00$25,000.00 Planting and Seating Island, smallPlanting and Seating Island, small $40,000.00$40,000.00 TOTAL $218,295.00 PTF2023-021 GA w ith Exhibits, Tow n of Vinton 5 of 6 Preservation Trust Fund Program Requirements Land Protection Only Required Documents Prior to Fund Disbursement: 1. A boundary survey of the property prepared by a Virginia-licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. 2. Copies of title work showing grantor’s fee simple interest in the property and/or a title insurance policy showing title vested in the grantor as well as any easements, rights, and other encumbrances of record acceptable to VOF. 3. A copy of the draft deed, or the recorded deed, the form of which has been approved by VOF.  In most cases, the property interest must be held by VOF or a locality as defined in Virginia Code §10.1-1700.  The property interest must be dedicated in perpetuity as open-space land under the Open-Space Land Act (Virginia Code §§ 10.1-1700 to 10.1-1705). The deed must include the following recitals:  Pursuant to Chapter 18, Title 10.1, Section 10.1-1801.1 the Virginia Outdoors Foundation (VOF) has provided an Open-Space Lands Preservation Trust Fund Grant in the amount of $___________ to Grantee for the protection and enhancement of open space, as more fully described in the Virginia Outdoors Foundation Open-Space Lands Preservation Trust Fund Grant Agreement attached hereto as Exhibit A.  When there is acquisition of a property interest by a locality: o Grantor is conveying the described property (the “Property”) to Grantee to be retained and used by Grantee in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended. OR o When property interest is already held by a locality: o Grantor is dedicating the described property (the “Property”) to be retained and used in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended.  The deed must include the following restrictions to be imposed in perpetuity: o A right of public access. o No division. o Only structures allowed are those that enable public use of the property as a park. Impervious surface will be limited/capped. 10% of the property is average cap, though up to 50% will be considered for urban areas/community needs. o A conversion/diversion clause.  The deed may include the following restrictions to be imposed in perpetuity: o A clause in which VOF must agree that the determination of the public body to convert/divert the public land has met all the requirements of 10.1-1704. 4. Verification of eligible expenditures including, but not limited to appraisals, settlement statements, copies of invoices, bills of sale, contracts, cancelled checks (both sides), survey fees, appraisal fees, legal fees including title reports and insurance, and recordation fees. 5. Contact information for the settlement agent who will be receiving the grant funds for closing and a W-9 for that company at least two weeks before the desired closing date. TOWN OF VINTON 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE: (540) 983-0605 FAX: (540) 983-0621 FAYULA GORDON EMAIL: fgordon@vintonva.gov ASSOCIATE PLANNER VIA EMAIL – Town of Vinton Proposed Updated Budget for the Virginia Outdoors Foundation Preservation Trust Fund Grant (To be included in Grant Agreement) Item Expense Utilities $ 10,000.00 Demolition and Site Work $ 28,115.00 Mobilization & Control Work $ 30,000.00 Landscaping & Playground Development $ 140,180.00 Permanent Protection of Land + Due Diligence Costs $ 10,000.00 Total $ 218,295.00 The Link for the video is below: VOF Files: https://vof.box.com/s/xk6k972uuwh4tqy8sl6aru8u3vfu9n8o . If there are issues with the first link use the one below: Vinton Files: https://filr.roanokecountyva.gov:8443/filr/public-link/file- download/40285891836541880186bce842535335/918/9175884258239561240/Town%20of%20Vinton %27s%20Grant%20Video.mp4 Meeting Date July 18, 2023 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on July 12, 2023, and the following items were discussed at the meeting: a. Project Updates – Stormwater, GloFiber, Cleveland Water Line, Cleveland Ave Paving b. What’s Next - Fall Paving, Stormwater Projects, Traffic Signals c. Vinton History Museum Cargo Lift Project Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date July 18, 2023 Department Council Issue Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for discussion of the appointment of the Town Clerk. Summary None Attachments Certification of Closed Meeting Recommendations No action required Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 18, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3711 (A) (1) of the 1950 Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by _____________________ and seconded by ____________________ with all in favor. ___________________________________ Clerk of Council