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Home My WebLink About6/18/2024 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, June 18, 2024 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 4, 2024 2. Consider adoption of Resolution appropriating funds in the amount of $7,227.07 from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget 10031104-505000 – Maintenance and Repair of Equipment to repair vehicle 1143. 3. Consider adoption of Resolution appropriating funds in the amount of $7,700.74from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget 10031104-505000 – Maintenance and Repair of Equipment to repair vehicle 1136. F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Announcing 2023 Award Winners – Chief Drumond G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda 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 H. PUBLIC HEARING 1. Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2023-2024 budget to appropriate funding for various operational expenditures, including additional paving, personnel expenditures, maintenance projects, contractual services, and materials and supplies in the total amount of $1,533,539.00 in the General Fund. a. Open Public Hearing • Report from Staff – Cody Sexton • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider the adoption of a Resolution to amend the Town of Vinton’s FY 2023-2024 budget to appropriate funding for various operational expenditures, including additional paving, personnel expenditures, maintenance projects, contractual services, and materials and supplies in the total amount of $1,533,539.00 in the General Fund. – Town Manager I. ITEMS REQUIRING ACTION 1. Consider the adoption of a Resolution authorizing the Town Manager to execute a Collaboration Agreement with the Vinton Historical Society to operate the Vinton History Museum. – Town Manager 2. Consider adoption of a Resolution authorizing the Town Manager to execute a Contract for Professional Legal Services between the Town of Vinton and Roanoke County Commonwealth’s Attorney. – Town Manager 3. Consider the possible write-off of liabilities in the Utility Fund as a result of the July 1, 2022, transfer of the water and wasterwater utility system to the Western Virginia Water Authority. – Andrew Keen J. REPORTS FROM COMMITTEES 1. Finance Committee – Andrew Keen a. Consider approval of Financial Statements for April 30, 2024. 2. Community Development Committee – Town Manager K. TOWN ATTORNEY L. TOWN MANAGER’S PROJECT UPDATES/COMMENTS M. COUNCIL AND MAYOR N. ADJOURNMENT Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS: June 19, 2024 – Juneteenth – Town Offices Closed July 2, 2024 – 6:00 p.m. – Regular Council Meeting – Council Chambers July 4, 2024 – 8:00 a.m. – Four on the Fourth Race – Vinton War Memorial July 4, 2024 – 6:00 p.m. – Fourth of July Fireworks – Vinton War Memorial July 8, 2024 – 3:00 p.m. – Finance Committee Meeting – TOV Annex July 10, 2024 – 9:00 a.m. – Public Works Committee Meeting – PW Conference Meeting Date June 18, 2024 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of June 4, 2024 Attachments June 4, 2024 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, JUNE 4, 2024, 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 M. McCarty Laurie J. Mullins STAFF PRESENT: Richard Peters, Town Manager Cody Sexton, Deputy Town Manager Antonia Arias-Magallon, Town Clerk/Administrative Manager 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 called the roll with Council Member Liles, Council Member McCarty, Council Member Mullins, Vice Mayor Stovall, and Mayor Grose present. After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, and Council Activities, Council Member McCarty announced the following: June 8 – Mingle at the Market, Triple Threat Season Opener at the Vinton Farmers Market from 6:30 p.m. to 10 p.m.; June 18 – Commerce will be at the 2024 Regional Networking Event at the Salem Memorial Ballpark from 11 a.m. – 2 p.m.; June 19 – Town offices will be closed in observance of Juneteenth, and June 22 - Vinton Area Chamber of Commerce is hosting Mingle at the Market with T Farmers Market from 7 p.m. – 10 p.m. Council Member McCarty encouraged everyone to visit the entertainment venues social media and website for more information. Council Member Mullins announced the following Council activities: May 22 – Mullins and Council Member McCarty attended the Marcos’ Pizza Ribbon Cutting; May 24 – Council attended the Public Works Luncheon; May 29 – 2 Ribbon Cutting and May 30 – Mayor Grose attended the Business with Roanoke County Staff at Magnets USA. Council Member Mullins made a motion to approve the Consent Agenda as presented; the motion was seconded by Vice Mayor Stovall and voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; and Nays (0) – None. May 21, 2024. Under awards, introductions, presentations, and proclamations, Council Member Liles presented the National Safety Month Proclamation. Under awards, introductions, presentations, and proclamations, Deputy Town Manager Sexton recognized Mayor Grose for being recognized as an unsung hero in the Leadership category of The United Way Roanoke Valley – 100 Heroes Project. Mayor Grose's accomplishments and congratulated him. Under Items requiring action, Mr. Keen commented on the Fiscal Year 2024-2025 (FY25) Budget. Mr. Keen reviewed a PowerPoint that will be available at the Town Clerk’s office as part of the permanent record. budget increased 4.19% from the FY24 budget of $14,282,116 to the FY25 budget of $14,879,829. For general fund expenditures, there was an 8.60% increase from the FY24 budget of $12,532,963 to the FY25 budget of $13,610,991. The total capital fund amount is expected to be $660,000. Town Attorney Carroll commented on revision recommended adding “Be it further ordained that appropriates funds for the expenditures set out in the approved budget for fiscal year 2024 to 2025. Vice Mayor Stovall made a motion to approve the Town of Vinton, Virginia budget for the fiscal year beginning July 1, 2024, and ending June 30, 2025; 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) – Approved Ordinance No. 1056 a appropriating budget for the fiscal year beginning July 1, 2024, and ending June 30, 2025 3 Under appointments to boards and commissions, there was a motion to re-appoint Bradley Grose as a member and Sabrina McCarty as an alternate member of the Roanoke Valley- Alleghany Regional Commission to a new three- year term beginning July 1, 2024, and ending June 30, 2027; re-appoint Janet Scheid as a member of the Greenway Commission to a new three-year term beginning July 1, 2024, and ending June 30, 2027 and re-appoint Andrew Keen as a member of the Greater Roanoke Transit Board to a new one- year term beginning July 1, 2024, and ending June 30, 2025. Council Member Mullins made a motion to re- appoint Bradley Grose as a member and Sabrina McCarty as an alternate member of the Roanoke Valley-Alleghany Regional Commission to a new three-year term beginning July 1, 2024, and ending June 30, 2027; re- member of the Greenway Commiss three-year term beginning July 1, 2024, and ending June 30, 2027, and re-appoint Andrew Keen as a member of the Greater Roanoke Transit Board to a new one-year term beginning July 1, 2024, and ending June 30, 2025; 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. Re-appointed Bradley Grose as a member and Sabrina McCarty as an alternate member of the Roanoke Valley- Commission to a new three-year term beginning July 1, 2024, and ending June 30, 2027; Re- appointed Greenway Commission to a new three-year term beginning July 1, 2024, and ending June 30, 2027 and Re-appointed Andrew Keen as a member of the Greater Roanoke Transit Board to a new one-year term beginning July 1, 2024, and ending June 30, 2025. Council congratulated Mayor Grose and commented on the Mingles at the Market and the Comprehensive Plan. Lewis and Donna Amos, residents of 400 Cedar Avenue expressed appreciation to Council and the Town for the work done on their street. 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, APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date June 18, 2024 Department Police Issue Consider adoption of Resolution appropriating funds in the amount of $7,227.07 from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget 200.3101.304 – Maintenance and Repair of Equipment to repair vehicle 1143. Summary The funds will be used to repair damages to vehicle 1143 caused by a vehicle accident. 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, JUNE 18, 2024, AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on June 6, 2023, Unit 1143 was damaged after being struck by a deer; and WHEREAS, the proper insurance filings were made to the Virginia Risk Sharing Association (VRSA) and has been received into the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $7,227.07; and WHEREAS, in order for the repair work to be completed, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget Account Number 10031104-505000 – Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $7,227.07 200.25000 Estimated Revenue $7,227.07 FROM REVENUE: 200.1901.001 Recoveries and Rebates $7,227.07 TO EXPENDITURE: 10031104-505000 Maintenance & Repair of Equipment $7,227.07 TOTAL $7,227.07 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 Magallon, Town Clerk Meeting Date June 18, 2024 Department Police Issue Consider adoption of Resolution appropriating funds in the amount of $7,700.74 from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget 200.3101.304 – Maintenance and Repair of Equipment to repair vehicle 1136. Summary The funds will be used to repair damages to vehicle 1136 caused by a vehicle accident. 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, JUNE 18, 2024, AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on October 14, 2023, Unit 1136 was damaged after striking a concrete slab; and WHEREAS, the proper insurance filings were made to the Virginia Risk Sharing Association (VRSA) and has been received into the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $7,700.74; and WHEREAS, in order for the repair work to be completed, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget Account Number 10031104-505000 – Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $7,700.74 200.25000 Estimated Revenue $7,700.74 FROM REVENUE: 200.1901.001 Recoveries and Rebates $7,700.74 TO EXPENDITURE: 10031104-505000 Maintenance & Repair of Equipment $7,700.74 TOTAL $7,700.74 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 Magallon, Town Clerk Meeting Date June 18, 2024 Department Police Issue Announce 2023 Award Winners Summary Distinguished Service - Traffic Safety Distinguished Service - DUI Award Distinguished Service - Drug Safety Life Saving Award Leadership Award Officer of the Year Attachments None Recommendations None Town Council Agenda Summary Meeting Date June 18, 2024 Department Administration Issue Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2023-2024 budget to appropriate funding for various operational expenditures, including additional paving, personnel expenditures, maintenance projects, contractual services, and materials and supplies in the total amount of $1,533,539.00 in the General Fund. Summary Throughout the fiscal year, Town staff monitor revenues and expenditures as compared to the current year budget. Revenues for Fiscal Year 2023-2024 are currently performing better than expected. Moreover, some expenditures have exceeded budget or have been added midyear as priorities have changed. As a result, Town staff have proposed a series of budget transfers and appropriations to align the new anticipated revenues with expenditures of immediate impact on the community. The Town has had a number of opportunities this year to enhance service delivery and improve infrastructure. As a result of utilizing those opportunities when available, some expenditures have exceeded the original budgeted amounts, such as paving, personnel expenditures, maintenance projects, contractual services, and materials and supplies. The majority of these increased expenditures are able to be covered by a number of major revenue streams performing better than anticipated. A small amount of one-time expenditures are being covered by the use of fund balance, which is prudent due to the nonrecurring nature of the expense. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on June 6, 2024. Attachments Resolution List of Transfers Town Council Agenda Summary Recommendations Conduct Public Hearing Motion to adopt Resolution RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 18, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, as the end of the current fiscal year approaches, staff have been projecting the end-of-year revenues and departmental expenditures; and, WHEREAS, Town staff have proposed a series of budget transfers and appropriations to align the new anticipated revenues with expenditures of immediate impact on the community to enhance service delivery and improve infrastructure; and, WHEREAS, the proposed amendment to the Town of Vinton’s FY 2023-2024 budget is intended to appropriate funding for various operational expenditures, including additional paving, personnel expenditures, maintenance projects, contractual services, and materials and supplies in the total amount of $1,533,539.00 in the General Fund; and, WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget; and, WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on June 6, 2024; and, NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers and appropriations as shown on the attached. This Resolution 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 GENERAL LEDGER GL Account Description Debit Credit 200.25100 Appropriations 1,533,539.00 200.25000 Estimated Revenue 1,533,539.00 MOVE FUNDS TO: GL Account Description 10012114-501000 Salaries & Wages 130,000.00 10012224-501000 Salaries & Wages 12,000.00 10012414-501000 Salaries & Wages 70,000.00 10031104-501000 Salaries & Wages 75,000.00 10041104-501000 Salaries & Wages 20,000.00 10081104-501000 Salaries & Wages 10,000.00 10081104-503000 Contractual Services 45,000.00 10041204-505000 Maintenance and Reparis Equipment 81,000.00 10041204-561703 Milling and Pavement 780,539.00 10043104-503000 Contractual Services 17,500.00 10043104-505000 Maintenance & Repairs Equip 68,000.00 10043104-505010 Maintenance and Repair Bldg 5,500.00 10043104-505030 Maintenance Service Contracts 89,000.00 10043104-505610 Lease of Equipment 5,000.00 10043104-506000 Materials and Supplies 5,000.00 10071104-501000 Salaries & Wages 40,000.00 10071104-503000 Contractual Services 21,000.00 10071104-505010 Maintenance and Repair Bldg 18,000.00 10071504-505701 Farmers Market 7,000.00 10071504-506000 Materials and Supplies 9,000.00 10081504-503000 Contractual Services 25,000.00 1,533,539.00 MOVE FUNDS FROM: GL Account Description 10010003-110101 Real Estate Tax 65,000.00 10010003-110301 Personal Property Tax 70,000.00 10035003-120601 Bank Stock Taxes 53,413.00 10035003-121801 Pari-Mutuel Tax 350,000.00 10022003-121101 Prepared Food Tax 275,000.00 10025003-120801 Cigarette Tax 9,000.00 10031003-422019 Police Assistance (HB599)32,932.00 10032003-150102 Interest from Investments 156,000.00 10035003-140101 Court Fines and Forfeitures 27,000.00 10035003-499999 Re-Appropriated Fund Balance 237,726.00 10021003-120101 State Sales Tax 125,000.00 10031003-424031 Highway Maintenance 132,468.00 1,533,539.00 BUDGET TRANSFERS - COUNCIL ACTION ITEM - JUNE 18, 2024 GENERAL FUND Meeting Date June 18, 2024 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Collaboration Agreement with the Vinton Historical Society to operate the Vinton History Museum. Summary The Town of Vinton provides annual funding assistance to the Vinton Historical Society to operate the Vinton History Museum located at 210 E. Jackson Ave. The Town’s annual appropriation provides $5,000 per year for building maintenance and utilities. The Town also provides funding to support a part-time employee to help staff the facility for up to 600 hours per year (calculated at 4 hours per day, 3 days per week, 50 weeks per year). This agreement will run concurrently with and accompany the recently adopted Lease Agreement and will appropriately formalize the Town and Historical Society’s partnership to operate the Vinton History Museum. 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, JUNE 18, 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 Historical Society currently leases from the Town property located at 210 E Jackson Avenue, Vinton, VA 24179 for the purpose of operating the Vinton Historical Society Museum, and WHEREAS, the Town finds that the Vinton Historical Society’s operation of the History Museum benefits the citizens of the community by the Society’s efforts to collect, preserve and display historically significant items relating to the Town of Vinton or of the greater Vinton Community for current and future generations of citizens and visitors to learn about the history and growth of the Town of Vinton; and WHEREAS, the Town finds that the Vinton Historical Society’s operation of the History Museum benefits the Town with the development and operation of seasonal special events and activities to market the facilities’ offerings and to fundraise for the Society’s efforts the preserve and display the items contained within the museum for the benefit of the community and the general public; and WHEREAS, the Town provides annual funding for physical maintenance and operational expenditures of the History Museum; and WHEREAS, the Town provides annual funding for a part-time employee to help staff the History Museum up to 600 hours per year (calculated at 4 hours per day, 3 days per week, 50 weeks per year); and WHEREAS, the Town wishes to outline and formalize the funding and operational agreement between the Town and the Vinton Historical Society to operate the History Museum through the adoption of a Collaboration Agreement. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager to execute the Collaboration Agreement, 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 VINTON MUSEUM COLLABORATION AGREEMENT THIS COLLABORATION AGREEMENT is made and entered into this ___ day of June, 2024 by and between the Town of Vinton, a political subdivision of the Commonwealth of Virginia (“Town”) and the Vinton Historical Society, Inc., a non-stock corporation licensed to do business in the Commonwealth of Virginia (“Society”). The Town and Society may hereinafter be referred to individually as a “Party” or jointly as the “Parties”. WITNESSETH: WHEREAS, the Vinton Museum (“Museum”), located at 210 E. Jackson Avenue, Vinton, Virginia (“Premises”), was founded for the purpose of curating and displaying artifacts and other items of historical significance or interest and relating to the Town or the greater Vinton Community; WHEREAS, the Society leases the Premises from the Town; WHEREAS, the Parties have been operating the Museum at the Premises through a joint cooperative effort that has included Town financial support for the Museum and the assignment of Town personnel to work at the Museum; and WHEREAS, the Parties now desire to set out in writing the terms of their collaboration to ensure the future success of the Museum. NOW, THEREFORE, in consideration of the Parties’ continuing obligations to preserve the long history of the Town of Vinton, Virginia, for the benefit of all citizens and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this Agreement as follows: SECTION 1 – COLLABORATION The Parties shall continue to collaborate on the operation and maintenance of the Museum as set out in this Agreement. Each Party shall perform the functions and duties assigned to that Party under this Agreement. SECTION 2 – TERM The initial term of this Agreement shall commence on July 1, 2024 and shall terminate on June 30, 2025. The provisions of this Agreement concerning Town-paid staff and maintenance expenses for the Premises for the initial term of this Agreement shall be reduced pro-rata until the first renewal on July 1, 2025. This Agreement shall then automatically renew on that first renewal date for additional one (1) year terms and continue likewise for four terms ending June 30, 2029 unless otherwise terminated by the Parties in accordance with the terms of this Agreement. Any change in the hours for Town-paid staff or maintenance expenses that follow in Section 3, Paragraph 1 and 2, of this Agreement; may be put into effect without voiding the entire Agreement. SECTION 3 – FUNCTIONS AND DUTIES The Parties shall perform the following functions and duties: 1. The Town shall employee and assign to work at the Museum a part-time Town employee for up to 600 hours per year (calculated at 4 hours per day, 3 days per week, 50 weeks per year). The Town shall budget salary and benefits for the part-time position. The part-time employee shall be a Town employee and shall be subject to all Town personnel policies. The part-time employee will be covered by the Town’s liability policy. The Society may request that the employee work additional hours other than those set forth above, but the Society shall reimburse the Town for any and all salary and benefits required for such additional hours. The Town will consult with the Society when hiring personnel who will be assigned to the Museum; provided, however, the Town shall retain control over all personnel decisions concerning the position. The Society shall report to the Town any complaints (including complaints by third parties, Museum staff or volunteers, or Museum invitees) made concerning the employee, whether they relate to work performance, behavior, conduct, or any other matter. The Society also shall report to the Town any complaints made by the employee. 2. The Town shall budget up to $5,000 per year for maintenance and operation expenditures for the Premises. Unless otherwise agreed, any additional funds needed for the Premises shall either be paid for by the Society, allowing for review and approval by the Town before performing any planned work, or paid for by the Town, who would then be reimbursed by the Society. 3. The Town Finance Department shall prepare monthly financial statements related to personnel, operations, and capital costs for the Museum. The monthly financial statements shall be submitted to the Town Manager or his designee and made available to the Society. 4. At the conclusion of each fiscal year, the Finance Department shall prepare any true-up calculations and invoice the Society for any amounts due and payable in accordance with this Agreement. 5. The Society shall prepare semi-annual reports on the operation of the Museum to include finances, staffing, volunteers, attendance and program; presenting each report at a regularly scheduled meeting of the Vinton Town Council. SECTION 4 – HOURS OF OPERATION For purposes of the proper operation of the Museum and in order to make efficient use of the Museum as a public attraction to induce and promote tourism and generate revenue for the benefit of those businesses located within the Town of Vinton and the ancillary tax benefits therefrom, the Parties agree that the minimum hours of operation for the Museum shall be as follows: Monday, Wednesday, Friday: 10:00 a.m. – 2:00 p.m. Such hours of operation may be revised by written agreement of the Parties. SECTION 5 – NON-ASSIGNABILITY This Agreement or any part hereof or the administration or performance of any service provided hereunder cannot be assigned or sublet, contracted away or in any manner transferred without the prior written consent and full approval of both Parties. SECTION 6 – TERMINATION Either Party may terminate this Agreement, at its sole discretion, by providing the other Party with written notice of termination no later than May 1st of each calendar year. The Agreement shall then terminate as of June 30 of that same year. SECTION 7 – NON-APPROPRIATION If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal year, the Town will not be obligated to continue the Agreement after the end of the current fiscal period, and this Agreement will automatically terminate at the end of that fiscal period. No penalty or expense shall accrue to the Town in the event this provision applies. SECTION 8 – ENTIRE AGREEMENT; GOVERNING LAW This Agreement sets forth the entire agreement and understanding among the Parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings not specifically set forth herein. This Agreement may not be modified or amended other than by written agreement, fully executed, of the Parties. The Parties agree that this Agreement shall be deemed to have been made in Virginia and that the validity and construction of this Agreement shall be governed by the laws of the Commonwealth of Virginia. Any legal action or proceedings arising out of this Agreement shall be commenced and tried in the Circuit Court of Roanoke County. IN WITNESS WHEREOF, the Parties hereto set their hands and seals: TOWN OF VINTON, VIRGINIA VINTON HISTORICAL SOCIETY, INC. BOARD OF DIRECTORS Town Manager President Meeting Date June 18, 2024 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Contract for Professional Legal Services between the Town of Vinton and Roanoke County Commonwealth’s Attorney. Summary The Town of Vinton’s Contract for Professional Legal Services with the Roanoke County Commonwealth’s Attorney will expire on June 30, 2024. With the assistance of the Town Attorney, Staff has negotiated a new Contract with the Commonwealth’s Attorney starting July 1, 2024, with no set date for contract expiration. Attachments Contract for Professional Legal Services Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JUNE 18, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Town of Vinton’s Contract for Professional Legal Services with the Roanoke County Commonwealth’s Attorney expired on June 30, 2023; and WHEREAS, Staff has negotiated a new contract with the Commonwealth’s Attorney beginning July 1, 2024, with no set contract expiration date, allowing either party to terminate with a 90-day notice; and WHEREAS, the contract will secure services of the Roanoke County Commonwealth’s Attorney to represent the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error; and WHEREAS, it is necessary that Council authorize the Town Manager to enter into the new Contract with the Roanoke County Commonwealth’s Attorney. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Contract is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then deliver the Contract and any other necessary documents in furtherance of the same. This Resolution 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 1 CONTRACT FOR PROSECUTING VIOLATIONS OF TOWN ORDINANCES THIS CONTRACT FOR PROSECUTING VIOLATIONS OF TOWN ORDINANCES (“Contract”) is made and entered this 1st day of July, 2024, by and between the Town of Vinton, Virginia, a municipality in the Commonwealth of Virginia (“Town”) and Brian T. Holohan, Esq., the Commonwealth’s Attorney for Roanoke County (“Commonwealth’s Attorney”). The Town and the Commonwealth’s Attorney collectively are referred to herein as the Parties. In consideration of the mutual terms, obligations, and covenants contained herein, the Parties to this Contract agree as follows: 1. The Commonwealth’s Attorney will prosecute all violations of Town Ordinances, whether those ordinances are codified or not and no matter which court has jurisdiction over the prosecutions. which prosecutions will be in addition to all other duties the Commonwealth’s Attorney is required by law to perform on behalf of the Town. The Commonwealth’s Attorney’s prosecutorial services under this Contract will include, but not be limited to, code enforcement, traffic infractions, Class 1, 2, 3, and 4 misdemeanors, substantial risk orders under Chapter 9 of Title 19.2, custody orders, and proceedings similar or related to the foregoing, as well as any appeals before the Court of Appeals and Supreme Court for which he was the prosecuting attorney. The Commonwealth’s Attorney also will provide, on an as-needed basis, advice to members of the Town’s Police Department on matters of criminal law and criminal procedure in the course of their official duties. 2. The Commonwealth’s Attorney will be responsible for assigning cases arising from the Town of Vinton to members of his staff in his sole discretion; provided, however, the services are to be performed by staff under the Commonwealth’s Attorney immediate supervision. 3. The Town will pay an annual fee to the Commonwealth’s Attorney, which annual fee is intended to offset salary and benefit expenses incurred by the Commonwealth’s Attorney in providing the services outlined in paragraph 1 of this Contract. The Town will pay the following annual fees during the Term of this Contract: a. For the period covering from July 1, 2024, to June 30, 2025, the Town will pay the Commonwealth’s Attorney an annual fee of $30,000. b. For the period covering from July 1, 2025, to June 30, 2026, the Town will pay the Commonwealth’s Attorney an annual fee of $45,000. c. For the period covering from July 1, 2026, to June 30, 2027, the Town will pay the Commonwealth’s Attorney an annual fee of $60,000. d. Beginning July 1, 2027, the annual fee will increase over the amount of the annual fee in the immediately preceding fiscal year by the greater of: (i) 3% or (ii) the amount of an across-the-board cost of living increase given by Town Council to all Town staff. 4. The Roanoke County Finance Department handles payroll and benefits for the Commonwealth’s Attorney and his staff. The Town will pay the annual fee to the Roanoke 2 County Finance Department, Attention Finance Director, P.O. Box 29800, Roanoke, VA 24018, on behalf of the Commonwealth’s Attorney. The Town will pay the annual fee for a fiscal year in a lump sum payment to the Roanoke County Finance Department, which payment shall be made no later than July 31 of the fiscal year for which the payment is due. 5. The Commonwealth’s Attorney covenants and agrees to direct the Roanoke County Finance Director to use the annual fee exclusively to fund salaries and benefits for the Commonwealth’s Attorney and his staff. Other than the commitment to use the annual fee exclusively to fund staff salaries and benefits, the Commonwealth’s Attorney has discretion to determine how the annual fee will be distributed. 6. Unless the Parties agree to another schedule, the Commonwealth’s Attorney shall, on or before each June 30th and December 31st during the Term of this Contract, provide the Town with a summary of cases handled by the Commonwealth’s Attorney for violations of Town Ordinances, including the disposition of those cases. 7. The Term of this Contract will commence on July 1, 2024, and shall continue until June 30, 2025, at which time this Contract will automatically renew on a fiscal year-to- fiscal year basis unless terminated by either Party as provided herein. Either Party may terminate this Contract effective June 30 of the then-current fiscal year by providing written notice of termination to the other Party on or before March 31. 8. The Town and the Commonwealth’s Attorney covenant and agree that the Commonwealth’s Attorney is an independent contractor and not an employee of the Town. Accordingly: a. The Town will not exercise any control over the means, methods, and manner in which the Commonwealth’s Attorney performs services under this Contract, all of which shall be controlled by the Commonwealth’s Attorney. The Town will not provide any materials, tools, and equipment utilized by the Commonwealth’s Attorney, all of which shall be obtained and provided by the Commonwealth’s Attorney. The Commonwealth’s Attorney and his staff shall not be entitled to receive from the Town any salaries or benefits that the Town provide for its employees. b. The Town will not make any employment decisions concerning the Commonwealth’s Attorney or any of his staff. The Town will not be responsible for any employment decisions made by the Commonwealth’s Attorney or any of his staff. The Town merely is providing supplemental funding which the Commonwealth’s Attorney will use as he deems appropriate to provide compensation and benefits to his employees and to defray the increased costs associated with prosecuting violations of Town Ordinances. 9. All records, reports, documents, and other materials delivered or transmitted to the Commonwealth’s Attorney by the Town shall remain the property of the Town, and shall be returned by the Commonwealth’s Attorney to Town upon termination of this Contract. All records, reports, documents, pleadings, exhibits, or other materials related to this Contract and/or 3 obtained or prepared by the Commonwealth’s Attorney in connection with the performance of services under this Contract shall become the property of the Town, and shall, upon request, be returned by the Commonwealth’s Attorney to the Town upon termination of this Contract. 10. The Town’s obligations under this Contract are subject, in all respects, to appropriation by Town Council of the funds required to pay the annual fee. If Town Council fails to appropriate sufficient funds to pay the annual fee, then the Commonwealth’s Attorney may terminate the Contract upon the expiration of the fiscal year for which Town Council has appropriated adequate funding. 11. Any notice required or contemplated to be given to any of the Parties by any other Party shall be in writing and shall be given by hand delivery, certified or registered United States mail, or a private courier service which provides evidence of receipt as part of its service, as follows: If to the Town: Town of Vinton, Virginia 311 South Pollard Street Vinton, Virginia 24179 Attn: Town Manager If to the Commonwealth’s Attorney: Roanoke County Commonwealth’s Attorney 305 East Main Street Salem, Virginia 24153 Attn: Commonwealth’s Attorney Any Party may change the address to which notices hereunder are to be sent to it by giving written notice of such change in the manner herein provided. A notice given hereunder shall be deemed given on the date of hand delivery, five days following the date of deposit with the United States Postal Service properly addressed and postage prepaid, or one day following delivery to a courier service properly addressed with all charges prepaid, as appropriate, for overnight or next-day delivery. 12. This Contract contains all of the terms and conditions of the agreement between the Parties and cannot be modified, changed, or amended without the written consent of both Parties. 13. This Contract shall be construed, governed, and enforced in all respects in accordance with the laws of the Commonwealth of Virginia. 14. The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations that are applicable to this Contract or the services to be provided by the Commonwealth’s Attorney under this Contract. 4 15. This Contract shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 16. This Contract may be executed in several counterparts, each of which shall be an original, and all of which together constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement as of this ____ day of June, 2024. TOWN OF VINTON: APPROVED AS TO FORM: ____________________________ ____________________________ Richard W. Peters, Jr. Jeremy E. Carroll Title: Town Manager Title: Town Attorney COMMONWEALTH’S ATTORNEY OF ROANOKE COUNTY: _____________________________ Brian T. Holohan Title: Commonwealth’s Attorney Meeting Date June 18, 2024 Department Finance/Treasurer Issue Consider the possible write-off of liabilities in the Utility Fund as a result of the July 1, 2022, transfer of the water and wasterwater utility system to the Western Virginia Water Authority. Summary Town Council is being asked to consider the possible write-off of liabilities in the Utility Fund as a result of the July 1, 2022, transfer of the water and wasterwater utility system to the Western Virginia Water Authority. Upon the recommendation of the Town’s auditors, the Utility Fund needs to be closed at the end of the current fiscal year, necessitating some action regarding any financial items remaining in the fund. The Finance Committee is planning to have a detailed discussion of this item at its June 17, 2024, meeting. Council will be provided a briefing of that discussion during the June 18, 2024, Council Meeting prior to action being taken on this item. Attachments None Recommendations None Town Council Agenda Summary Meeting Date June 18, 2024 Department Finance Issue Finance Committee Summary The Finance Committee met on June 17, 2024, and the following items were discussed at the meeting: a. Utility System write-off and fund closure b. Appropriation for Police vehicle repair(s) c. April and May 2024 Financial Statements Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date June 18, 2024 Department Planning and Zoning Issue Community Development Committee Summary The Community Development Committee met on April 10, 2024, and the following items were discussed at the meeting: a) Vinton Museum Partnership Agreement Discussion b) Twin Creeks Brewing Company – Loan Forgiveness & Performance Agreement c) Gish Mill Redevelopment Project Update d) West Lee Avenue Redevelopment Discussion (Tentative) e) SMART SCALE Round 6 Application – Washington Avenue/Bypass Road Roundabout Briefing f) A&E On-Call Contract – RFP Update g) Community Playground Update h) Crosswalk Projects (Gus Nicks Blvd. & Hardy Road) Update i) Glade Creek Greenway Phase 2B Update j) Vinton 2050 Comprehensive Plan Update k) Special Programs l) Chamber of Commerce Collaboration Agreement m) Events n) War Memorial Renovation Project Attachments None Recommendations No action required Town Council Agenda Summary