HomeMy WebLinkAbout5/2/2023 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, May 2, 2023
AGENDA
Consideration of:
A. 5:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. REVIEW OF CITIZEN GUIDELINES
E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F. COUNCIL MEMBER’S ACTIVITIES
G. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
H. CONSENT AGENDA
1. Consider approval of the minutes of the Regular Meeting of April 18, 2023
I. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Proclamations:
a. GBB/CIDP Awareness Month – Rick Forney, GBS/CIDP Mid-Atlantic
Regional Director & Southwest Virginia Liaison
b. National Police Week (May 14-20) – Chief Drumond
2. Recognitions:
a. Roanoke Magazine, Best Of 2023 - Town Manager
J. 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
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K. BRIEFINGS
1. Overview of Town Manager’s Recommended Budget for FY2023-2024 – Town
Manager
L. ITEMS REQUIRING ACTION
1. Consider adoption of Resolution to approve and establish the Memorandum of
Understanding for the MARCUS Alert Program for behavioral health. – Chief
Drumond and Mandy Lee, Director of Marcus Alert and Crisis Intervention
Team
2. Consider adoption of a Resolution authorizing the Town Manager to execute a
Performance Agreement between the Town of Vinton and CMART Holdings, LLC. –
Marshall Stanley
3. Consider adoption of a Resolution authorizing the Town Manager to execute a
Performance Agreement between the Town of Vinton and South Pollard
Improvement, LLC. – Marshall Stanley
4. Consider adoption of a Resolution authorizing the Town Manager for and on behalf
of the Town of Vinton, to file an application for allocation of Virginia Department of
Conservation and Recreation’s (VA DCR) 2023 Recreational Trails Program (RTP)
funds for the Wolf Creek Greenway Trailhead Parking Improvements and Accessible
Restroom Facility Project." – Anita McMillan
M. TOWN MANAGER’S PROJECT UPDATES/COMMENTS
N. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES
O. REPORTS FROM COMMITTEES
P. COUNCIL
Q. MAYOR
R. ADJOURNMENT
NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
May 8, 2023 – 3:00 p.m. – Finance Committee Meeting – TOV Conference Room
May 10, 2023 – 8:00 a.m. – Public Works Committee Meeting – PW Conference Room
May 16, 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
May 2, 2023
Department
Town Clerk
Issue
Consider approval of the minutes of the Regular Meeting of April 18, 2023
Attachments
April 18, 2023 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00
P.M. ON TUESDAY, APRIL 18, 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
Sabrina McCarty
Laurie J. Mullins
MEMBERS ABSENT: Keith N. Liles
STAFF PRESENT: Pete Peters, Town Manager/Town Clerk
Cody Sexton, Assistant Town Manager/Treasurer
Antonia Arias-Magallon, Administrative Manager
Jeremy Carroll, Town Attorney
Fabricio Drumond, Police Chief
Tim Lawless, Deputy Police Chief
Andrew Keen, Finance Director
Nathan McClung, Assistant Planning and Zoning Director
Fayula Gordon, Associate Planner
Mandie Baker, Executive Assistant
William Holland, Community Services Officer
Ginny Rhodes, Records Manager
Justin Baker, Detective Officer
Brandon Alterio, Sergeant Officer
William Boyd, Corporal Officer
Brandon Charlton, Corporal Officer
Scott Hurt, Lieutenant
The Mayor called the meeting to order at 6:00
p.m. The Administrative Manager called the roll
with
McCarty, Vice Mayor Stovall, and Mayor Grose
present and Council Member Liles absent.
After a Moment of Silence Deputy Police
Chief Lawless led the Pledge of Allegiance to the
U.S. Flag.
announcements, Council Member McCarty
announced the following: April 28 – Dogwood
Festival from 6 p.m. to 9:30 p.m. – Vinton Farmer’s
Market; April 29 – Dogwood Festival from 10 a.m.
to 4 p.m. – Downtown Vinton; April 19 – Coffee
with Cops at RND from 8:30 – 10:30 a.m.
interested to visit one of our community'
restaurants and entertainment venues
Rosie’s, Lancerlot, Twin Creeks, Vinton Bowling,
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at each venue’s website or social media. And for
more information on everything happening in
Vinton, please visit the IN Vinton Facebook page,
and don’t forget to like and share.
Under Council Member Activities, Council
Member Mullins announced the following: April 10
– Mayor Grose and Vice Mayor Stovall, attended
the Finance Committee Meeting; April 12 – Council
Member McCarty attended the Community
Development Committee Meeting; April 6 – Mayor
McCarty, and Council Member Mullins, attended
the State of the Town Address; April 13 – Council
Member Mullins attend
Meeting; April 18 –
Manager Peters
meeting.
Vice Mayor Stovall made a motion to approve
the Consent Agenda as presented; the motion was
seconded by Council Member McCarty and
voting: Vote 4-0; Yeas (4) –
McCarty, Grose; Nays (0) – None; Absent (1) –
Liles.
Approved minutes of the Council Strategic
Planning Retreat Meeting of March 24,
2023; approved minutes of the Regular
Meeting of April 4, 2023; adopted
Resolution No. 2545 appropriating funds in
the amount of $18,859.00 received for
scrap metal to the Public Works budget;
adopted Resolution No. 2546 appropriating
funds in the amount of $3,469.99 for the
receipt of an insurance claim made on a
Town Vehicle involved in an accident;
adopted Resolution No. 2547 appropriating
funds in the amount of $3,272.35 for the
receipt of an insurance claim made on a
Town vehicle involved in an accident.
Under awards, introductions, presentations,
and proclamations, Chief Drumond
promotions to Corporal. Chief Drumond invited the
officers' families to pin their badges
members on the dais.
The next item on the agenda to consider was
Chief
Leadership Award to Sergeant
and Officer of the Year to Detective Justin Baker.
The Officers then shook the hands of the members
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The next item on the agenda to consider,
Fayula Gordon commented this is the Town’s 23rd
year to celebrate Arbor Day. This year’s event will
be on April 28th at 12:00 p.m. at the Herman L Horn
Elementary School where they will plant 16 trees.
Mayor Grose read the Proclamation.
Lawless, Executive Assistant Mandie Baker,
Records Manager Ginny Rhodes, Community
Services Officer William Holland, Lieutenant Scott
Hurt, and Detective Justin Baker gave the annual
and 3rd quarter report for the Police Department.
Each member reviewed a PowerPoint that showed
each department’s statistics and reports. The
office as part of the permanent files record.
adoption of a Resolution approving the 2023-2024
operating budget for the Roanoke Valley Regional
Cable Television Committee
Director of RVTV, reviewed the budget document
that was provided in the Agenda Package.
expressed appreciation towards RVTV.
After comments from Council Member Mullins
made a motion to adopt and Council Member
McCarty seconded the motion,
Vote 4-0; Yeas (4) –
Grose; Nays (0) – None; Absent (1) – Liles.
Adopted Resolution No. 2548 approving the
2023-2024 operating budget for the Roanoke
Committee
RVTV.
The next item on the agenda was to consider
adoption of a Resolution authorizing the renewal
insurance coverage with The Local Choice
Program for the contract year July 1, 2023,
through June 30, 2024.
Resources and Risk Management Donna Collins
presented the resolution.
Council Member McCarty
adopt the Resolution as presented; the motion was
seconded by Council Member Mullins and carried
voting: Vote 4-0; Yeas (4) –
McCarty, Grose; Nays (0) – None; Absent (1) –
Adopted Resolution No. 2549 authorizing the
renewal of the Town of Vinton Employees’
Local Choice Program for the contract year
July 1, 2023, through June 30, 2024.
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The Town Manager Peters first commented on
the new message bulletin board in the lobby. Town
personal property tax bills have been printed and
mailed out and the real estate tax bills will be out
next week.
get those paid.
With regard to the nominations for the 2023
VML Policy Committees, the Administrative
Manager commented that Council was polled and
provided the proposed slate of nominees and all
indicated they wanted to continue serving on the
same committee.
Vice Mayor Stovall made a motion to approve
the Slate of Officers as presented; the motion was
seconded by Council Member McCarty and
voting: Vote 4-0; Yeas (4) –
McCarty, Grose; Nays (0) – None; Absent (1) –
Liles.
Approved the 2023 VML Policy Committees
Slate of Officers as presented
Under reports from Council Committees, Mr.
Keen first commented that the Finance Committee
met on April 10, 2023. Mr. Keen discussed the
Resolutions that were added under the April 18,
2023 Consent Agenda. Mr. Keen next commented
that the Town has approved the FY2023-2024
over the financial statements for the
February. The total cash is roughly $6 million and
there is about $5.3 million total in investments split
between three banking institutions.
Council Member Mullins made a motion to
approve the February 28, 2023, Financial
Statement
seconded by Council Member McCarty and
voting: Vote 4-0; Yeas (4) –
McCarty, Grose; Nays (0) – None; Absent (1) –
Liles.
Approved the February 28, 2023, Financial
Statement
Mr. McClung first commented on the
Community Development Committee meeting that
was held on April 12, 2023.
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prevent road deployments or improper parking of
electric scooters.
Package.
Town can develop a historic district. The Virginia
State Code does not allow you to have a sign with
the label drugs when there is not a pharmacy. The
Town is looking at all options to preserve Vinton’s
historic parts
Town is looking to investigate all the incentives of
having a historic district.
Road Corridor Study and w
private property owners regarding the road work.
The Town is looking at options to create a different
route for better traffic and pedestrian safety.
Mr. McClung announced the following: April 28 –
Arbor Day Event; May 10 – Roanoke Regional
Housing Network Housing Symposium; May 25 –
DAR Recycled Bench Dedication.
Vice Mayor Stovall congratulated the Mayor on
the State of the Town Address.
Department. Council Member McCarty expressed
information they provided.
Mayor Grose thanked staff for their work done
for the State of the Town. Mayor Grose expressed
Grose commented on the passing of a long-time
resident of Vinton, Virginia, Mr. Darrell English.
The next item on the agenda was a request to
convene in a Closed Meeting, Pursuant to § 2.2-
amended, for discussion of the appointment of the
Town Attorney. Council Member Mullins
motion to convene in Closed Session; the motion
was seconded by Council Member McCarty and
voting: Vote 4-0; Yeas (4) –
McCarty, Grose; Nays (0) – None; Absent (1) -
Liles. Council went into Closed Session at 8:19
p.m.
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At 8:35 p.m., the regular meeting reconvened, and
the Certification that the Closed Meeting was held
in accordance with State Code requirements was
approved on motion by Council Member McCarty;
seconded by Council Member Mullins and carried
voting: Vote 4-0; Yeas (4) –
McCarty, Grose; Nays (0) – None; Absent (1) –
Liles.
Council Member McCarty made a motion to
adjourn the meeting; the motion was seconded by
Council Member Mullins and
following vote, with all members voting: Vote 4-0;
Yeas (4) – Mullins, Stovall, McCarty, Grose; Nays
(0) – None; Absent (1) – Liles. The meeting was
adjourned at 8:36 p.m.
Meeting adjourned
at 8:37 p.m.
Mr. Sexton commented on the PTO plan that was
put in 18 months ago. This will be the first year that
some PTO balances need to be brought down to
the maximum allowable limits. The Town is looking
at an option to give employees with the option to
buy out their PTO depending on how much PTO
they have and will have left over.
Mr. Keen commented that the VRSA rates remain.
raise, and the Town is discussing whether to give
the 7% instead of the 5% raise in the next Fiscal
Year to match what the County provided for their
staff.
Town Manager Peters commented on the Capital
reviewed a PowerPoint that will be available at the
Town Clerks’ Office as part of the Permanent files
record.
Communications, and Police.
that will be built where the pool is. The Town has
not come up with an exact plan, but the process
will be set in phases. The Town is currently looking
at options on what to build.
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Mayor Grose and Council Members commented
on purchasing a one-
commented that if the Town were to purchase the
truck, the Town would not change the routes until
the new calendar was to come out.
Mayor Grose commented on looking at projects
such as the sidewalks, traffic signal replacements,
project. Town Manager Peters commented there
meeting for the Wolf Creek project.
The Council discussed options of what the Towns
work on traffic signals, sidewalk construction, Wolf
Creek, and Gateway Signs.
The Work Session adjourned at 7:14 p.m.
APPROVED:
_________________________________
Bradley E. Grose, Mayor
ATTEST:
_________________________________
Richard W. Peters, Jr., Town Clerk
Meeting Date
May 2, 2023
Department
Council
Issue
Proclamation – GBB/CIDP Awareness Month
Summary
Rick Forney, GBS/CIDP Mid-Atlantic Regional Director & Southwest Virginia Liaison, will be present at
the meeting to make brief comments and accept this Proclamation.
Attachment
Proclamation
Recommendations
Present Proclamation
Town Council
Agenda Summary
PROCLAMATION
WHEREAS, the month of May, has been designated as "GBS and CIDP Awareness Month" to educate the public and to focus attention on Guillain-Barre Syndrome (GBS) and Chronic inflammatory Demyelinating Polyneuropathy (CIDP), rare, paralyzing and potentially Catastrophic disorders of the peripheral nerves; and
WHEREAS, the cause of GBS and CIDP is unknown. The length of the illness is unpredictable. It is characterized by rapid onset of weakness and often, paralysis of the legs, arms, breathing muscles and face. Usually months of hospital care are required with patients and families facing an uncertain future, not knowing if and when recovery will occur. Some may face long-term disabilities of varying degrees. GBS or CIDP can develop in any person at any age, regardless of gender or ethnic background; and
WHEREAS, in 1980, the Guillain-Barre Foundation International (now the GBS/CIDP Foundation International), was founded to provide a support network to patients and their families through the national office headquartered in Philadelphia and its 180 chapters with more than 40,000 members throughout the United States, Canada, Asia, Europe, Australia, South America, and South Africa; and
WHEREAS, Rick Forney is the Liaison for the local area chapter serving as the link between patients, physicians, nurses and families. The Foundation provides educational materials including a comprehensive booklet, "GBS, an Overview for the Layperson," and newsletters as well as funding medical research and conducting symposia; and
WHEREAS, the Foundations Medical Advisory Board includes prominent neurologists active in GBS and CIDP research, leading physicians in rehabilitation medicine, and physicians who, themselves, have had the disorder.
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our
citizens do hereby proclaim the month of May 2023 as GBS/CIDP AWARENESS MONTH in the Town of Vinton and encourages all the citizens to recognize the importance of raising awareness of GBS and CIDP.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 2nd day of May, 2023.
_______________________________
Bradley E. Grose, Mayor
Meeting Date
May 2, 2023
Department
Council
Issue
Proclamation - National Police Week (May 14-20)
Summary
In 1962, President John F. Kennedy declared May 15 as Peace Officers Memorial Day, and the
week in which it falls as National Police Week. We would like to recognize our law enforcement
officers that serve the Town with a proclamation which recognizes National Police Week, which
begins on May 14, 2023 and ends on May 20, 2023.
Attachments
Proclamation
Recommendations
Present Proclamation
Town Council
Agenda Summary
PROCLAMATION
WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and
WHEREAS, the members of the Vinton Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the Town of Vinton; and
WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and
WHEREAS, the Vinton Police Department has grown to be a modern and scientific law enforcement agency and provides a vital public service.
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 14 to May 20, 2023, as NATIONAL POLICE
WEEK in the Town of Vinton and call upon all citizens of the Town of Vinton and surrounding areas that are served by the Vinton Police Department to observe this week and to join Town Council in recognizing officers for their faithful and loyal devotion to duty and dedicated service to their community.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 2nd day of May, 2023.
_______________________________
Bradley E. Grose, Mayor
Meeting Date
May 2, 2023
Department
Administration
Issue
Recognition of Roanoke Magazine, Best of 2023
Summary
Town Manager Peters will recognize Roanoke Magazine, Best of 2023
Attachments
None
Recommendations
Recognize Best of 2023
Town Council
Agenda Summary
Meeting Date
May 2, 2023
Department
Administration
Issue
Overview of Town Manager’s Recommended Budget for FY2023-2024
Summary
The Town Manager will present the overview of the recommended budget that was delivered
electronically to Council on Friday, April 28, 2023. The FY2023-2024 proposed budget will also
be placed in the Town’s Dropbox and on the Town’s website.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
May 2, 2023
Department
Police
Issue
Consider adoption of Resolution to approve and establish the Memorandum of Understanding for
the MARCUS Alert Program for behavioral health.
Summary
Chief Drumond and Mandy Lee with Blue Ridge Behavioral Health will present the Memorandum
of Understanding for the MARCUS Alert Program.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
ATTACHMENT A: MARCUS Alert Program Protocol
Page 1 of 5
MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT CO-RESPONSE PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA
– CITY OF ROANOKE. CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF
BOTETOURT, TOWN OF VINTON, VIRGINIA
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
ATTACHMENT A: MARCUS Alert Program Protocol
PURPOSE
The purpose of this protocol is to establish uniform operations for response by all involved Parties
to a crisis call managed pursuant to the Agreement. Only situations that require consumer crisis
triage should be filtered through the protocol outlined herein for the following:
1. Communications
2. Dispatching of teams
3. Law Enforcement
4. Clinical Staff
Mobile Crisis Teams and Co-Response Teams will be dispatched in accordance with the triage
protocol described in Attachments B and C.
Administrative processing of crisis-related communications should be performed through New River
Valley Community Services (NRVCS), Blue Ridge Behavioral Healthcare (BRBH), or Frontier Health
(FH) using the emergency contact number identified for the applicable entity.
1. COMMUNICATIONS
1.1. Calls triaged by PSAP or FH Call Center as Level One and Two will be transferred to
or kept by the FH Call Center to establish response dispositions.
1.2. Calls triaged as Level Three and Four will be transferred to or kept by the PSAP to
establish response dispositions.
2. DISPATCHING OF TEAMS
2.1. Dispatch of Mobile Crisis Teams – Triage Level 2
2.1.1. Parties may call the FH Call Center directly or through the PSAP. FH Call Center will
manage calls as prescribed by the triage levels described in Attachments B and C.
ATTACHMENT A: MARCUS Alert Program Protocol
Page 2 of 5
2.1.2. For Triage Level Two incidents, the FH Call Center will request dispatch of a Mobile
Crisis Team based upon the guidelines established in the Memorandum of
Understanding between the Mobile Crisis Hub and locally contracted providers,
including BRBH.
2.1.3. If the FH Call Center determines a Mobile Crisis Team should be dispatched, the FH
Call Center will notify the Mobile Crisis Hub (or designee) by telephone.
2.1.4. Upon dispatching a Mobile Crisis Team, the Mobile Crisis Hub will notify the FH Call
Center of such. The Mobile Crisis Hub will notify the respective PSAP that a Mobile
Crisis Team has been dispatched. PSAPs will share any relevant safety warnings
and/or restrictions or voluntary registration information accessible within the PSAP
system.
2.1.5. The PSAP will track the Mobile Crisis Team according to its standard protocol. It will
be the responsibility of the Mobile Crisis Team to notify the FH Call Center and the
respective PSAP when their assignment is completed and advise disposition. The
PSAP does not need to track data in this instance.
2.1.6. The Mobile Crisis Hub will routinely notify appropriate PSAP of all FH Call Center-
dispatched Mobile Crisis Teams for location and estimated time of arrival (ETA).
2.1.7. If a Mobile Crisis Team is on scene and requires law enforcement support, the
Mobile Crisis Team will withdraw to a safe location if necessary and call 911. PSAP
will dispatch law enforcement support to respond per department policy.
2.1.8. During the response, if either the FH Call Center or PSAP become aware of a change
in circumstance requiring law enforcement support, the entities will communicate
such between them. The call will be re-classified as necessary. The FH Call Center
will notify the Mobile Crisis Team, which will stage until scene is secured.
2.2. Dispatch of Co-Responder Team – Triage Levels 3 and 4
2.2.1. For Triage Levels 3 and 4, PSAP Partners will request dispatch of a Co-Response
Team, as appropriate.
2.2.2. PSAP Partners will contact the Co-Response Teams per department protocol. Each
department’s PSAP will serve as the primary PSAP for dispatching of Co-Response
Teams within their jurisdiction.
2.2.3. In addition to responding to requests from the PSAP Partners, the Co-Response
Team will respond to requests from field units or an incident commander on scene
when assistance is needed in handling a person experiencing a behavioral health
crisis if a Co-Response Team is available. Such calls can be routed through the
ATTACHMENT A: MARCUS Alert Program Protocol
Page 3 of 5
appropriate PSAP. In some Level Four situations where the Co-Response Team is
requested, services provided may include (i) minimal intervention with consumers
experiencing the behavioral health crisis until the scene is de-escalated to a Level
Three scenario, (ii) consultation with law enforcement providing on-scene
interventions, or (iii) provision of known history of the individual to ensure safety
and a treatment-before-tragedy approach for all involved.
2.2.4. PSAP Partners also can contact the Co-Response Teams directly for incidents
originally triaged as Level One or Two for which PSAP receives notice from the
Mobile Crisis Unit or law enforcement of escalation to a Level Three or Four
incident.
2.3. Dispatch of Law Enforcement Support
2.3.1. At any point, should a Mobile Crisis Team or Co-Response Team encounter the need
for law enforcement support while in the field, they should do so by directly
contacting PSAP for assistance to be dispatched. Calls for assistance can be by phone
or radio.
2.3.2. Whenever possible the PSAP will dispatch a CIT-trained officer as part of the law
enforcement support. Law enforcement support will serve to provide additional
protection for all parties involved.
2.3.3. The Co-Response Clinician will complete any paperwork necessary for Co-Response
Program Data Collection purposes. Any additional reporting/documentation by
officers serving in a law enforcement capacity will follow their respective
department protocols as well as any Co-Response Program data collection
requirements as required by the state.
3. LAW ENFORCEMENT
3.1 Each jurisdiction provides law enforcement officers for the co-response team.
3.2. If a Consumer in crisis agrees to a voluntary assessment, the LE Officer, in
consultation with the BRBH clinical staff, may provide transport to the Crisis
Intervention Team Assessment Center or hospital, when available.
3.3. The LE Officer may provide transportation for BRBH clinical staff to and from the
location to which the Co-Response Team is dispatched for response to a mental
health crisis event, or the BRBH clinical staff may transport themselves to an agreed
upon meeting place to respond with the LE Officer.
ATTACHMENT A: MARCUS Alert Program Protocol
Page 4 of 5
3.4. Safety
3.4.1. In accordance with established law enforcement standards and procedures,
the LE Officer and any law enforcement support officers will make best
efforts to provide a safe environment for person(s) involved in a response
pursuant to this Agreement. The law enforcement support officers in
consultation with the LE Officer will serve as the lead in:
• Reviewing of the on-site location for potential hazards,
• Consumer negotiations,
• Assist with on-site safety, and
• Establishment of and sharing the safety plan for BRBH personnel.
3.4.2. If either the Co-Response Team or law enforcement support determines that
the incident is an incident that poses a grave danger to personal safety, law
enforcement support will secure the site before initiation of services by the
Co-Response Team. In the event that this would occur, the responding law
enforcement officer(s) may respond separately from any clinician on the
team due to the active safety threat at the scene.
3.5. Arrests and Criminal Charges
3.5.1. Law enforcement support, may consult with the Co-Response Team to
determine whether circumstances warrant arrest and criminal charges in
lieu of behavioral health services.
4. CLINICAL STAFF
4.1. Provision of Behavioral Health Services.
The designated Co-Response Team will provide initial triage and establish the plan
for appropriate follow-up for the Consumer.
4.2. Co-Response Program services to be provided by BRBH Clinical Staff will include
assessment, crisis intervention, de-escalation, needs and resource identification,
referral and support to Consumers and families, as well as support and consultation
with law enforcement.
4.3. Safety
4.3.1. BRBH Clinical Staff will follow directions given by the LE Officer and law
enforcement support officers in any matter related to safety and securing
the site including, but not limited to:
• Wearing protective gear,
• Vacating the site,
• Ceasing Consumer interaction,
• Following all instructions by LE Officer and Law Enforcement
Support officers, and
ATTACHMENT A: MARCUS Alert Program Protocol
Page 5 of 5
• Discontinuation of Co-Response Program incident response.
4.3.2. While in active Co-Response Program incident response, all participating
BRBH staff and the Co-Response Officer shall wear their respective agency-
provided ballistic vest and any and all protective gear required by the law
enforcement support.
4.4. Arrests and Criminal Charges
The BRBH Clinical Staff will defer to the LE Officer and law enforcement support officers
when it is determined that criminal charges are necessary in lieu of behavioral health
services and shall not interfere with any criminal investigation at the scene.
Co-Response Program MOU – Attachment B – PSAP Triage Protocol
Page 1 of 2
MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT CO-RESPONSE PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF
ROANOKE. CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, TOWN OF
VINTON, VIRGINIA
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
ATTACHMENT B: PSAP Triage Protocol
Administrative processes, such as notifications of ECO issuance, or local partner outreach for emergency
consultation/evaluations, will continue to be referred to the local CSB Emergency Services Department
(current practice), and not transferred to The Crisis Call Center. (Local partners include medical providers,
hospitals, jails, or other CSBs.)
Transient symptoms such as interpersonal conflict, anger, distress, frustrations with others, agitation, and
confusion are common presentations handled by PSAPs and Crisis Call Centers on a routine basis. Those
elements will not be primary indicators of how any given call will be triaged, but will instead be noted and
considered for final disposition as the PSAP/Call Center seek to determine the underlying issue present and in
need of response.
TRIAGE LEVEL 1
(INCIDENTS APPROPRIATE FOR CRISIS CALL CENTER PHONE INTERVENTION, IF CALLER AGREES)
9-1-1 to remain on the line until Crisis Call Center transfer confirmed
Examples may include (but not limited to):
Individuals experiencing a non-life-threatening mental health crisis.
Individuals who have expressed a desire not to live or has passive desires to harm oneself with no
plan/means or opportunity to carry out. Individual is NOT actively attempting suicide or physically
violent toward themselves or others.
Individual has no homicidal thoughts, intent, or behavior
Individual may have suicidal thoughts but no plan and/or means
Internal conflicts, expressions of anger, or disturbances with a mental health component and there is
no threat, means, or opportunity of violence.
Individuals who are confused, agitated, or expressing anger in general, not necessarily towards
someone else.
Parents requesting law enforcement due to a child having non-violent behavioral issues, regardless of
whether the child has a known mental health diagnosis. Parents are given option to warm transfer to
988.
Needs for listening, supports, and provision of referrals and information for resources.
Third party calls (known or unknown to the consumer) concerning the welfare of someone present
with them who has a potential non-violent mental health history, or who may be suffering a non-
violent mental health crisis.
Co-Response Program MOU – Attachment B – PSAP Triage Protocol
Page 2 of 2
TRIAGE LEVEL 2
(INCIDENTS THAT MAY BE APPROPRIATE FOR A MOBILE CRISIS TEAM RESPONSE, IF CALLER AGREES)
9-1-1 to remain on the line until Crisis Call Center transfer is confirmed
Examples may include (but not limited to):
Distressed, angry, agitated individuals with imminent need for in-person behavioral health support.
Calls requesting law enforcement response due to a person experiencing a psychosis or altered mental
state and are NOT physically violent towards themselves or others.
No homicidal thoughts, intent, or behavior.
Suicidal thoughts with no intent, plan or means/opportunity to carry out.
Minor self-injurious behavior requiring no immediate medical intervention (an example would be
someone not eating or taking their medicines, or lack of self-care). This does not include physical self-
injury.
Substance use without aggression requiring no immediate medical intervention
Third party calls (known or unknown to the consumer) concerning the welfare of someone present
with them who has a potential non-violent mental health history, or who may be suffering a non-
violent mental health crisis.
TRIAGE LEVEL 3
(INCIDENTS REQUIRING LAW ENFORCEMENT/EMERGENCY MEDICAL SERVICES RESPONSE AND CO-RESPONSE
UNIT WHEN AVAILABLE AND APPROPRIATE.)
Examples may include (but not limited to):
Active aggression/combativeness
Active psychosis
Homicidal thoughts with no active behavior or intent or access to means
Active self-injurious behavior with concerns for medical risks (i.e., Self-cutting)
Suicidal thoughts with a specified plan (unknown access to means)
Low level acts of violence that do not pose a risk of injury to s elf or others, i.e. a child throwing objects
at someone else, or mild pushing of another
ECO if available and requested by LE
TRIAGE LEVEL 4
(LAW ENFORCEMENT/EMERGENCY MEDICAL SERVICES/FIRE RESPONSE ONLY. CONTACT 9-1-1 FOR A CO-
RESPONSE UNIT AT THE REQUEST OF AN INCIDENT COMMANDER OR OFFICER ON SCENE)
Examples may include (but not limited to):
DIRECT IMMEDIATE THREAT TO LIFE
Active suicide attempt where injuries have already occurred or a situation where suicide is imminent
(when intent, plan, and means to commit are present)
Actively assaultive, violent towards others, or themselves, with the ability to cause significant harm.
Homicidal/suicidal threats/intent and a weapon is present or easily accessible
Substance impairment with physical aggression or severe psychiatric instability
ECO WITH IMMEDIATE SECURITY THREAT
MARCUS Alert Program MOU
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MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF
ROANOKE, CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT,
TOWN OF VINTON, VIRGINIA,
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
This Memorandum of Understanding Governing the MARCUS Alert Program for the Roanoke Valley,
Virginia – City of Roanoke, City of Salem, County of Craig, County of Roanoke, County of Botetourt,
Town of Vinton, Virginia, which is the Service Area for Blue Ridge Behavioral Healthcare
(“Agreement”), is made effective on the ____ day of ________________, 2023 (“Effective Date”), by
and between Blue Ridge Behavioral Healthcare (“BRBH”), New River Valley Community Services
(“NRVCS”), Frontier Health (“FH”), Matthew T. Ward, in his official capacity as Sheriff of Botetourt
County (“BCSO”), Botetourt County (“Botetourt”), Roanoke County (“County”), J. Eric Orange, in his
official capacity as Sheriff of Roanoke County (“RCSO”), Roanoke City (“City”), Antonio D. Hash, in his
official capacity as Sheriff of Roanoke City (“RSO”), April M. Staton, in her official capacity as Sheriff
of Salem City (“SSO”), and Trevor Craddock, in his official capacity as Sheriff of Craig County (“CCSO”)
(collectively, “the Parties”).
This Agreement must be in effect before any Party may participate in the MARCUS Alert Program also
known as the Mental Health Awareness Response and Community Understanding Services Program
(hereinafter the “MARCUS Alert Program”).
TERMS
1. TERM OF AGREEMENT
This Agreement shall be effective as of the “Effective Date” noted above and shall remain in effect
through June 30, 2024. Thereafter, this Agreement shall automatically renew for additional one (1)
year periods (July 1 – June 30) until any party to this Agreement terminates it as set forth herein.
2. PURPOSE OF AGREEMENT
2.1. The Parties enter into this Agreement for the following purposes:
2.1.1. To outline a plan for collaborative relationship between the Parties for a system
of uniform communications and operation of the MARCUS Alert Program in
compliance with Virginia Code §§ 9.1-193 and 37.2-311.1 which includes
ensuring that individuals experiencing behavioral health crises are served by the
behavioral health comprehensive crisis service system when feasible as well as
reducing the likelihood of physical confrontation;
2.1.2. To establish procedures and responsibilities of the Parties in deploying and
operating a MARCUS Alert Program to assist persons experiencing behavioral
MARCUS Alert Program MOU
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health crisis in the CITY OF ROANOKE, CITY OF SALEM, COUNTY OF CRAIG,
COUNTY OF ROANOKE, COUNTY OF BOTETOURT, and the TOWN OF VINTON,
VIRGINIA (hereinafter, the “Service Area”); and
2.1.3. To establish a uniform system within the Service Area for prioritization and
response to behavioral health crisis incidents.
2.2. This Agreement shall not create a legal entity, create rights in third persons; nor create
any contractual obligations between Parties.
3. COMPONENTS OF AGREEMENT
3.1. This Agreement shall consist of:
This document, “Memorandum of Understanding”;
Attachment A, “MARCUS Alert Program Protocol”;
Attachment B, “PSAP Triage Protocol”; and
Attachment C, “4 Level Triage Response Protocol.”
3.2. Each of the Attachments identified above is hereby incorporated by reference as if fully
set forth herein.
4. DEFINITIONS
The following definitions shall apply in this Agreement, including all Attachments.
Community Care Team means a team of mental health service providers, and may include
registered peer recovery specialists and law-enforcement officers as a team, with the mental health
service providers leading such team, to help stabilize individuals in crisis situations. Law
enforcement may provide backup support as needed to a community care team in accordance with
the protocols and best practices developed pursuant to § 9.1-193. In addition to serving as a co-
response unit, community care teams may, at the discretion of the employing locality, engage in
community mental health awareness and services.
Consumer means a person to whom services pursuant to this Agreement have been directed.
MARCUS Alert and Crisis Intervention Team (CIT) Coordinator means the person appointed by BRBH
to serve as the coordinator of the Co-Response and the Crisis Intervention Team (CIT) programs.
LE Officer means each law enforcement officer who will be responding with BRBH Clinical Staff for
purposes of the MARCUS Alert Program.
Co-Response Team means the LE Officer and BRBH Clinical staff assigned to respond to a specific call
for service pursuant to this Agreement.
MARCUS Alert Program MOU
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FH Call Center means the crisis call center operated by Frontier Health pursuant to their contract
with Planning District 1 (PD1) Community Services Board. The call center will receive transfer calls
for MARCUS Alert Level one and two triage levels from service area PSAPs
BRBH Access to Care Division Director means the person appointed by BRBH to serve as the Director
of the BRBH Access to Care Division.
Law Enforcement (LE) Agency means the law enforcement agency that employs the LE Officers who
are responding to a call for which this MOU governs.
Law Enforcement Partners means the locality or sheriff that is a a party to this Agreement.
Law enforcement support means law enforcement officers or officers dispatched to provide law
enforcement support to a Co-Response Team and/or Mobile Crisis Team.
Mobile crisis hub means the regional single point of coordination of communication and dispatch of
mobile crisis teams operated by NRVCS and funded by STEP-VA.
Mobile crisis team means a team of one or more qualified or licensed mental health professionals
that are dispatched by the Mobile Crisis hub to deliver services to individuals wherever they are
located within the service area. A law-enforcement officer shall not be a member of a mobile crisis
team, but law enforcement officers may provide back-up support as needed to a mobile crisis team.
Public safety answering point or PSAP means a call center where calls to 9-1-1 are answered and
appropriate response services dispatched.
PSAP Partners means the City of Roanoke PSAP, City of Salem PSAP, Roanoke County PSAP, Craig
County PSAP and Botetourt County PSAP.
5. PERSONNEL AND SUPERVISION
5.1. General.
5.1.1. The intention of the Parties is to comply with the Marcus-David Peters Act
(MARCUS Alert law). Services will be provided as staffing allows and the program
progresses. The daily schedule for the Co-Response team will be set by the
following positions or their designees: MARCUS Alert and CIT Coordinator, BRBH
Access to Care Division Director, and the LE Agency Sheriff, Chief of Police, or all,
as applicable.
5.1.2. Co-Response Teams should be available to provide services across the Service
Area during identified program hours. Alternative resources will be made
available during off hours.
MARCUS Alert Program MOU
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5.1.3. Each Party providing personnel in support of the MARCUS Alert Program agrees
to identify to the other Parties the staff member who shall be responsible to
serve as the primary point of contact for MARCUS Alert Program collaboration
and problem resolution as needed.
5.1.4. In the event MARCUS Alert Program dedicated staff are not available, BRBH or
the LE Agency, as applicable, will provide a trained substitute to fulfill the
responsibilities of the unavailable staff. In the event a trained substitute is not
available, BRBH or the LE Agency, as applicable, will notify the PSAP Partners and
implement standard off-hour procedures.
5.1.5. BRBH and the MARCUS Alert/CIT Coordinator may provide recommendations
and guidance to the LE Agency while the LE Officer(s) are actively responding to
a crisis situation and at the time of performance reviews.
5.2. Law Enforcement.
5.2.1. The respective LE Agency shall be responsible for supervision of the Law
Enforcement Officer(s) that it employs.
5.2.2. Each participating jurisdiction of protocol 3 will provide law enforcement officers
for the MARCUS Alert Program when available.
5.3. BRBH.
5.3.1. BRBH will provide licensed clinical staff to supervise the MARCUS Alert
Program’s overall operations and clinical staff.
5.3.2. BRBH will assign licensed (or license-eligible) clinicians to the MARCUS Alert
Program.
5.3.3. Additional trained BRBH clinicians will be available through telehealth access
and/or phone consultation if the primary team is dispatched on another call, or
if response/consultation is needed outside of standard operating hours.
5.4. Planning District 1 (“PD1”) and Frontier Health.
5.4.1. PD1 will provide for operation of a crisis call center by contract or otherwise for
operation of National Suicide Prevention Lines, Regional Crisis Call Lines and 9-8-
8 calls and coordination of dispatch of Mobile Crisis Teams.
5.4.2. FH Call Center will contact the Mobile Crisis Hub who will then dispatch Mobile
Crisis Teams for situations that do not require a law enforcement co-response,
MARCUS Alert Program MOU
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including additional HCS Mobile Crisis Teams under agreement with the Regional
Hub. Such dispatch will occur through the Regional Mobile Crisis Hub at NRVCS.
5.5. Personnel responsibilities of the Parties to this Agreement.
5.5.1. With the exception of Roanoke City, Roanoke City Sheriff’s Office, Roanoke
County, Roanoke County Sheriff’s Office and BRBH, this Agreement does not
require or prevent any Party to this Agreement from dedicating staff specifically
to the MARCUS Alert Program.
5.5.2. Except as specifically stated otherwise in this Agreement, each Party to this
Agreement is solely responsible for the hiring, evaluation, competency, and
overall compliance of its respective staff and supervisors who provide services
pursuant to this Agreement.
6. OFFICE SPACE, TRANSPORTATION, EQUIPMENT AND SUPPLIES
6.1. BRBH Clinical Staff.
6.1.1. BRBH will fund for all MARCUS Alert Program clinical staff office space and
related supplies, including cell phones, laptops, and additional mobile
communication and documentation resources (i.e. GPS-enabled iPads).
6.1.2. BRBH will fund the purchase of ballistic vests for all MARCUS Alert Program
clinical staff responding as part of the Co-Response Team, and the Law
Enforcement Partners will provide procurement assistance with such purchases.
6.1.3. The LE Agency will provide training for MARCUS Alert Program clinical staff on
how to use the radio communications equipment contained in the law
enforcement motor vehicles.
6.1.4. The LE Agency will assign portable radios, if available, for use by the MARCUS
Alert Program clinical staff for MARCUS Alert Program service and will provide
training for use of such radios. MARCUS Alert Program clinical staff’s use of the
portable radios will be limited to circumstances of immediate emergency.
6.1.5. PSAP Partners will assign a unique radio identifier to each of the BRBH Clinical
Staff assigned to the Co-Response Team to aid in Co-Response Team
communications.
6.2. Law Enforcement.
6.2.1. Va. Code § 9.1-193(D) encourages law enforcement to consider the impact on
persons in crisis that results from the presence of an officer in uniform or a
MARCUS Alert Program MOU
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marked vehicle at a response and mandates mitigation of such impact “when
feasible” through the use of plain clothes and unmarked vehicles.
6.2.2. The LE Agency will determine appropriate uniforms for its LE Officers and
whether the LE Officers will be assigned marked or unmarked vehicles, taking
into consideration the mandate noted above.
6.2.3. BRBH will reimburse the LE Agency the expense of purchasing soft uniforms for
the LE Officers, if such uniforms are purchased for purposes of services to be
provided pursuant to this Agreement.
6.2.4. The LE Agency for each of the LE Officers will fund provision of a motor vehicle,
all required equipment, training and (re)certification expenses associated with
their duties with the MARCUS Alert Program.
6.3. PSAP Partners and Frontier Health are each responsible to fund and provide the office
space, equipment, transportation, and supplies needed to perform their required
functions.
7. CONFIDENTIALITY AND SHARING OF INFORMATION
7.1. All personnel assigned to the MARCUS Alert Program shall comply with all applicable
federal, state, and local laws, rules, and regulations in the performance of this
agreement. Any information shared by BRBH will be in compliance with Health
Insurance Portability and Accountability Act (HIPAA) and Title 42 of the Code of Federal
Regulations (42 C.F.R. §§ 2.1-2556 ), including information that may be shared during
emergency situations in accordance with 45 C.F.R. § 164.512, as amended.
7.2. Specifically, the mental health history of a Consumer is will be accessed only by BRBH
clinical staff and is made available to law enforcement only as needed during critical
incidents.
7.3. BRBH clinical staff may disclose protected mental health information to other
specialized units with designated law enforcement partners identified herein in the
following circumstances:
7.3.1. In response to a court order or court-ordered warrant, or a subpoena or
summons issued by a judicial officer8.3.2. If BRBH clinical staff believes that the
Consumer presents a serious and imminent danger of violence to themselves or
another person.
7.4. BRBH clinical staff will not disclose or disseminate any confidential criminal justice
information to unauthorized individuals, includes, but is not limited to:
MARCUS Alert Program MOU
Page 7 of 13
7.4.1. Information from the Virginia Criminal Information Network (VCIN), National
Crime Information Center (NCIC) or the Report Management System (RMS) and
7.4.2. Information in reference to active investigations, or that may reveal investigative
techniques learned as a result of their duty assigned to the MARCUS Alert
Program.
8. CALL AND RESPONSE PROTOCOL
All parties will conform to the protocol established by the Attachments.
9. TRAINING
The following training requirements shall apply when the statewide curriculum for such programs
is finalized.
9.1. Training of MARCUS Alert Program personnel shall be aligned with requirements of both
the DBHDS and Virginia Department of Criminal Justice Services (DCJS).
9.2. The LE Officers will receive forty (40) hour basic Crisis Intervention Team (CIT),
Advanced MARCUS Alert Program Training and any additional training identified for law
enforcement by DCJS, as available and as staffing allows.
9.3. PSAP dispatchers will be prioritized for a dispatcher-specific version of CIT training and
will complete training on behavioral health screenings and protocol.
9.4. FH Call Center staff will complete all DBHDS required trainings regarding warmline
operations, call triage, and data platform requirements.
9.5. NRVCS (Mobile Crisis Hub and REACH) providers and BRBH clinical staff will complete
DBHDS required mobile crisis trainings.
9.6. It is also the preference of BRBH and recommendation of the local stakeholders that
BRBH Co-Response Team clinical staff receive an abbreviated police operations training
through the law enforcement agency.
9.7. Basic information regarding Mobile Crisis Teams, Co-Response overview, and MARCUS
Alert will be provided to all law enforcement and PSAP partners via Basic Academy
protocol or through scheduled trainings and roll calls to ensure all officers have a basic
comprehension of responses and operations.
MARCUS Alert Program MOU
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10. DATA AND REPORTING
Each Party to this Agreement will make best efforts to comply with the following:
10.1. Quarterly and annual data reporting obligations and program outcomes as such are
established by state, regional, and local levels for the MARCUS Alert Program.
11. ANNUAL PROGRAM EVALUATION
11.1. The DBHDS and the DCJS will identify required data elements and formatting that will be
configured into evaluation standards for PSAP, FH Call Center, Mobile Crisis Team, Co-
Response Teams, and law enforcement agencies.
11.2. The Mobile Crisis Hub for the region will be responsible for monitoring the standards
and outcomes data for any local mobile crisis contract providers established within the
region per individual agreements indicating those term requirements.
11.3. The Mobile Crisis Hub and the FH Call Center are each responsible for data and
outcomes provision to DBHDS.
11.4. PSAPs, law enforcement agency parties, the FH Call Center, and the Co-Response Teams
are responsible to report, using best available data, the data and outcomes for the
parties to this agreement to DBHDS and DCJS as part of the annual MARCUS Alert
Program statutory obligations, and also to the local stakeholder groups for situational
reviews. Quarterly and annual data and outcomes reviews related to individual
community values and goals established during stakeholder workgroups shall also be
compiled and available for review.
12. REVISIONS AND TERMINATIONS
12.1. The terms of this Agreement may be amended only upon written agreement signed on
behalf of all Parties by their duly authorized representative.
12.2. Amendments become effective upon the date such written amendment agreement has
been signed on behalf of all parties or as otherwise specified in such written
amendment agreement.
12.3. Any Party may terminate this Agreement upon ninety (90) days advance written notice
to the other Parties.
13. INSURANCE
13.1. Each party shall maintain the following insurances or self-insurance, where appropriate:
13.1.1. Workers Compensation coverage as required by law.
MARCUS Alert Program MOU
Page 9 of 13
13.1.2. Comprehensive general liability insurance covering each Party, its
subcontractors, agents, and any person providing services hereunder in such
minimum amounts as are acceptable to each Party.
13.1.3. Professional liability insurance, on a per occurrence basis or its equivalent in
amounts as are acceptable to each Party.
13.2. Insurance coverage may be obtained from commercial insurance carriers deemed
acceptable by the Parties or it may be deemed satisfied by the showing of other
financial responsibility satisfactory to the Parties including: 1) Evidence or statutory
limitation on financial liability applicable to the Parties, their employees, and agents; or
2) Evidence of establishment of actuarially sound self-insurance programs.
14. LIABILITY
Each Party remains liable solely for the acts and omissions of its officers, employees, agents and
representatives and shall also be responsible for any compensation or benefits owed or accruing
solely to its officers, employees, agents or representatives.
15. NO WAIVER OF IMMUNITY
No Party waives or relinquishes any immunity or defense on behalf of itself, trustees, officers,
employees (paid or volunteer), and agents as a result of the execution of this Agreement or as a
result of the performance of the functions or obligations described herein.
16. AUTHORIZATION OF AGREEMENT
Each Party represents to the other Parties that the execution of the Agreement has been duly
authorized and that this Agreement constitutes a valid and enforceable obligation of each Party
according to its terms.
17. NO WAIVER
No Waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any
breach of any other provision. No delay in acting with regard to any breach of any provision shall be
construed to be a waiver of such breach.
18. FUNDING
Reimbursement for services, functions, or personnel identified herein is contingent upon available
funding. In the absence of available funding, no party is liable for incurred expenses for continued
operation of the program, if so chosen.
MARCUS Alert Program MOU
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19. EFFECTIVE DATE
This Agreement shall not become effective unless and until executed by duly authorized
representatives of all identified Parties, and once so signed, it shall be effective as of the date first
noted above.
20. ENTIRE AGREEMENT
This instrument contains the entire Agreement between the Parties relating to the rights granted
and the obligations assumed. Any oral representations or modifications concerning this Agreement
are of no force or effect unless in writing and signed by the Parties.
21. COUNTERPARTS AND ELECTRONIC SIGNATURE
This Contract may be executed in counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same instrument. Facsimile signatures or signed copies sent by
portable document format (PDF) shall be deemed originals.
[Signatures continue on following page.]
MARCUS Alert Program MOU
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IN WITNESS WHEREOF, this instrument has been executed by duly authorized representatives of
the Parties as indicated by signatures below.
Blue Ridge Behavioral Healthcare New River Valley Community Services
Signature: ____________________________ Signature: ____________________________
By: __________________________________ By: __________________________________
Title: Executive Director Title: ________________________________
Planning District I Behavioral Health Services Frontier Health (Crisis Call Center)
Signature: ____________________________ Signature: ____________________________
By: __________________________________ By: __________________________________
Title: _________________________________ Title: ________________________________
[remainder of page intentionally blank]
MARCUS Alert Program MOU
Page 12 of 13
City of Roanoke Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Robert S. Crowell, Jr. By: __________________________________
Title: City Manager Title: City Attorney
Sheriff, City of Roanoke, in his official capacity
Signature: ____________________________
By: Antonio D. Hash
Title: Sheriff
County of Roanoke Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Richard L. Caywood, P.E. By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Roanoke, in his official capacity
Signature: ____________________________
By: J. Eric Orange
Title: Sheriff
Town of Vinton Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Richard Peters By: __________________________________
Title: Town Manager Title: County Attorney
MARCUS Alert Program MOU
Page 13 of 13
City of Salem Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: James E. Taliaferro, II By: __________________________________
Title: City Manager Title: County Attorney
Sheriff, City of Salem, in her official capacity
Signature: ____________________________
By: April M. Staton
Title: Sheriff
County of Botetourt Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Gary Larrowe By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Botetourt, in his official capacity
Signature: ____________________________
By: Matthew T. Ward
Title: Sheriff
County of Craig Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Robert R. “Dan” Collins By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Craig, in his official capacity
Signature: ____________________________
By: Trevor Craddock
Title: Sheriff
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MAY 2, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
WHEREAS, MARCUS Alert Program for the Roanoke Valley, Virginia and the Town of Vinton
entered into an agreement dated ________ to outline a plan for collaborative
relationship between the Parties for a system of uniform communications and
operation of the MARCUS Alert Program in compliance with Virginia Code §§
9.1-193 and 37.2-311.1 which includes ensuring that individuals experiencing
behavioral health crises are served by the behavioral health comprehensive crisis
service system when feasible as well as reducing the likelihood of physical
confrontation; and
WHEREAS, to establish procedures and responsibilities of the Parties in deploying and operating
a MARCUS Alert Program to assist persons experiencing behavioral health crisis
in the CITY OF ROANOKE, CITY OF SALEM, COUNTY OF CRAIG,
COUNTY OF ROANOKE, COUNTY OF BOTETOURT, and the TOWN OF
VINTON, VIRGINIA (hereinafter, the “Service Area”); and
WHEREAS, to establish a uniform system within the Service Area for prioritization and
response to behavioral health crisis incidents; and
WHEREAS, this Agreement shall not create a legal entity, create rights in third persons; nor
create any contractual obligations between Parties.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Memorandum of Understanding is hereby approved in a form substantially
similar to the one presented to Council and approved by the Town Attorney.
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute
and then deliver the Memorandum of Understanding and any other necessary
documents in furtherance of the same.
BE IT FURTHER RESOLVED that this Resolution shall become effective May 2, 2023.
This Resolution adopted on motion made by ______ and seconded by ______, with the following
votes recorded:
AYES:
NAYS:
APPROVED:
________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________
Richard W. Peters, Jr., Town Clerk
Meeting Date
May 2, 2023
Department
Administration
Issue
Consideration of a Resolution authorizing the Town Manager to execute a Performance Agreement
with CMART Holdings LLC. and the Town of Vinton to redevelop of the former Cleveland Mart
into a mixed-use commercial and residential property.
Summary
The Town of Vinton in partnership with the Roanoke County Economic Development Authority
has negotiated terms of a Performance Agreement with CMART Holdings LLC valued up to
$250,000 over a one-year period to encourage the redevelopment of the former Cleveland Mart
into a mixed-use commercial and residential property.
Terms of the Performance Agreement include the Town of Vinton appropriating to the Roanoke
County Economic Development Authority an amount not to exceed $187,500 over the course of
five payments as the project reaches periodic benchmarks during the expected construction
timeline. The Town of Vinton will appropriate the final $62,500 to the Roanoke County Economic
Development Authority following the issuance of a certificate of occupancy for the redeveloped
Cleveland Mart.
The proposed Cleveland Mart redevelopment project will remove blight and revitalize the
surrounding neighborhood, as per the strategic goals of the Vinton Town Council. Once opened,
the mixed-use building will offer at least 6 residential units and space for a commercial tenant.
Attachments
Performance Agreement
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
{00506893.DOCX 2} 1
PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (the “Agreement”) is made as of this _____ day of ________,
2023, by and between the TOWN OF VINTON, a political subdivision of the Commonwealth of Virginia,
(hereafter, the “Town”), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA
(hereafter, the “Authority”), and CMART HOLDINGS LLC., a Virginia limited liability company (hereafter,
the “Company”). Collectively, the Town, Authority, and Company may be referred to herein as the
“Parties.”
WITNESSETH
WHEREAS, the Town Council of the Town of Vinton and the Economic Development Authority of
Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of
the Town of Vinton and Roanoke County through the redevelopment of existing property in order to
provide for retained and increased employment and corporate investment in the Town of Vinton; and
WHEREAS, the Company acquired the former Cleveland Mart building, located at 522 East
Cleveland Avenue, Vinton, VA (Roanoke County Tax Map #060.16-08-30.00-0000); 528 East Cleveland
Avenue, Vinton, VA (Roanoke County Tax Map #060.16-08-29.00-0000); and 0 East Cleveland Avenue,
Vinton, VA (Roanoke County Tax Map #060.16-08-28.00-0000) (collectively, the “Property”), to redevelop,
renovate, and convert into a mixed-use building with residential and commercial components (the
“Project”), and
WHEREAS, in performing the Project, the Company will be making a significant capital Investment
in the Town; and
WHEREAS, the Town and the Authority recognize that the Company’s development of the
Property will promote economic development in the Town, will provide additional tax revenue for the
Town and County in the form of increased real estate taxes, and will contribute to the vitality of the area;
and
WHEREAS, the Town and the Authority expect that the Project will promote economic
development and neighborhood beautification, as well as generate new local tax revenues and housing
inventory for the Town of Vinton; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority to provide a
Local Economic Development Incentive Grant to the Company (the “Local Grant”) in an amount not to
exceed $250,000 for the purpose of inducing the Company to construct the aforementioned Project; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be generated by
the Capital Investment and additional tax revenue constitute valid public purposes for the expenditure of
public funds and is the animating purpose for the Local Grant.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein,
the Parties agree to the following:
1. Company’s Performance Requirements.
{00506893.DOCX 2} 2
a. The Company will develop the Property into a mixed-use building consisting of no less
than six (6) multi-family residential units ranging from 700 – 950 square feet and approximately
1,350 square feet of commercial space. The Company will be responsible for obtaining and
maintaining all customary and necessary federal, state and local permits and approvals for the
Project.
b. The Company will make a capital investment of not less than $1,100,000 in the Property
for the purpose of the Project (“Capital Investment”) by July 1, 2024 (“Capital Investment
Performance Date”). The Capital Investment shall be in the form of architectural and engineering
fees, building construction costs, furniture, fixtures and equipment, and blight abatement costs.
c. The Company will provide the Town and the Authority with any and all documentation
that they may require to verify the Company’s progress on the Project and the Company’s Capital
Investment in the Property during the period in which the Local Grant payments are to be made
pursuant to this Agreement. The Company may redact from such documentation any personally
identifiable, private, confidential, or other information that Company is required by law to keep
confidential.
2. Economic Development Incentive Grant.
a. The Town will provide the Authority with the funds for the Local Grant as set forth in this
Agreement. The Authority will pay the Local Grant to the Company in multiple installments as an
inducement for the Company to make the Capital Investments. The Company must use the Local
Grant funds only for the Project, and for no other purpose.
b. The Town shall provide the Local Grant funds to the Authority in an amount not to exceed
$250,000 for expenses associated with infrastructure improvements, site engineering and
development, and façade enhancements, as follows:
i. The Town shall provide $230,000 for expenses associated with site engineering,
site remediation, concrete pouring for parking, exterior lighting, removal of telephone
poles, sanitary sewer installation, landscaping for stormwater management purposes,
utility vault and water line installation, and Western Virginia Water Authority connection
and related fees and expenses.
ii. The Town shall provide $20,000 for expenses associated with façade
enhancements including storefront windows and doors, awnings and signage, and
improvements to exterior walls including painting, crack repair, power washing, and trim
repair.
c. Following the issuance of a building permit, and provided the Company is making
satisfactory progress towards completing the Project in the Town’s reasonable judgment, the
Town shall provide $187,500 in Local Grant funds to the Authority, which the Authority will pay
to the Company, in the following installments during construction of the Project.
i. The Town will provide $46,875 after one calendar quarter (3 months) following
the issuance of the building permit;
ii. The Town will provide $46,875 after two calendar quarters (6 months) following
the issuance of the building permit;
iii. The Town will provide $31,250 8 months following the issuance of the building
permit;
{00506893.DOCX 2} 3
iv. The Town will provide $31,250 10 months following the issuance of the building
permit; and
v. The Town will provide $31,250 12 months following the issuance of the building
permit.
d. The Town shall provide the Authority with the remaining $62,500 in Local Grant funds
following the issuance of a certificate of occupancy for the Property and the Project.
e. If the Company completes the Project before the Capital Investment Performance Date,
then the Town shall pay the Authority the remaining Local Grant funds in a single payment
following the issuance of a Roanoke County certificate of occupancy.
f. The Authority shall make all payments to the Company within thirty (30) days of its receipt
of Local Grant funds from the Town.
3. Extensions.
a. The Town may postpone the time for making payments under Section 2 of this Agreement
if the Town determines that the Company is not making satisfactory progress towards completing
the Project. The Town will provide the Company and the Authority with written notice of such a
determination.
b. If the Town Manager deems that good faith and reasonable efforts have been made and
are being made by the Company to complete construction of the Project by the Capital Investment
Performance Date, then the Town may, in its sole discretion, extend the Capital Investment
Performance Date by up to 12 months. If the Capital Investment Performance Date is extended,
the Town shall send written notice of the extension to the Authority and the Company and the
date to which the Capital Investment Performance Date has been extended shall become the new
Capital Investment Performance Date for the completion of construction and issuance of a
certificate of occupancy.
b. If any party is unable to perform its commitments under this Agreement by reason of
force majeure, then that party shall not be deemed to be in default of its obligations under this
Agreement, and any deadlines for the performance of its obligations and, if applicable, the
deadlines for the performance of the other party’s obligations shall be extended for a time equal
to the time period of the force majeure event, plus ten days. The term “force majeure” as used
herein, shall include without limitation acts of God: hurricanes, floods, fire, tornadoes,
earthquakes, storm; strikes or other industrial disturbances; acts of public enemy’s; orders of
governmental authorities; insurrections; riots; epidemics.
4. Reporting.
The Company shall annually provide, at the Company’s expense, detailed verification reasonably
satisfactory to the Town and the Authority of the Company’s progress on its capital investment obligation.
For the purposes of verifying the accuracy of reports, and for no other purpose, the Company hereby
waives its protections under Section 58.1-3 of the Code of Virginia, 1950, as amended, and authorizes the
Commissioner of the Revenue for Roanoke County, Virginia, to provide verification to the Town and the
Authority from her records; provided, however, that such disclosure shall not waive the protections of §
58.1-3 as to any other person, nor authorize the Town or the Authority to disclose such information to
{00506893.DOCX 2} 4
any other person. The Company will be solely responsible for obtaining and providing detailed verification
reasonably satisfactory to the Town and the Authority of capital investment made for the Project.
5. Default; Repayment; Forfeiture.
If the Company (i) fails to make the required Capital Investment by the Capital Investment
Performance Date; (ii) fails to complete construction of the Project and obtain a certificate of occupancy
for the Property and the Project by the Capital Investment Performance Date; (iii) discontinues design or
construction work on the Project prior to its completion; (iv) sells or conveys ownership of the Property
prior to the completion of the Project; (v) fails to open and begin operating the mixed use development
at the Property within six (6) months following the Capital Investment Performance Date; or (vi) breaches
any other material provision of this Agreement and the breach is not cured within thirty (30) days of
written notice of such breach to the Company from either the Town or the Authority, then Company shall:
(a) forfeit all future Local Grant payments under Section 2 of this Agreement and (b) repay to the Authority
all Local Grant payments that previously have been paid to the Company under Section 2 of this
Agreement. These remedies are in addition to, not in lieu of, other remedies that may be available to the
Town at law and in equity.
6. Notices.
Any notices required or permitted to be given under this Agreement shall be given in writing, and
shall be deemed to be received upon receipt or refusal after mailing of same in the United States by First-
Class U.S. Mail, certified, postage prepaid, or by customary commercial overnight courier (refusal shall
mean return of certified mail or overnight courier package not accepted by addressee):
CMART HOLDINGS, LLC
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
5204 Bernard Drive
Room 421
Roanoke, Virginia 24018
ROANOKE COUNTY ATTORNEY’S OFFICE
5204 Bernard Drive
Fourth Floor
Roanoke, Virginia 24018
Attn: Peter S. Lubeck, County Attorney
If to the County, to:
TOWN OF VINTON, VIRGINIA
311 Pollard Street
Vinton, Virginia 24179
Attn: Richard W. Peters, Jr., Town Manager
With a copy to:
TOWN ATTORNEY
Spilman Thomas & Battle, PLLC
310 First Street, Suite 1100 (ZIP 24011)
Post Office Box 90
Roanoke, VA 24002-0090
Attn: Jeremy E. Carroll
The addresses set forth in this section only may be amended by sending written notice to all other parties
of a change of address, without need of signed amendment to this Agreement.
{00506893.DOCX 2} 5
7. Miscellaneous.
Indemnity. The Company agrees to indemnify, defend, and hold the Authority, the Town, and
their officers, directors, and employees, free and harmless for and from any and all claims, causes of
action, damages or any liability of any type, including reasonable attorneys’ fees, on account of any claims
by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or
arising in any way out of any negligent, reckless or willful errors, actions, omissions or activities of the
Company or its agents, employees or representatives arising out of or connected in any way to any of the
matters involved in this Agreement or its performance or non-performance, including without limitation
the Company’s performance or failure to perform the Project.
Integration. This Agreement, including the documents referenced herein, constitutes the full and
complete understanding of the Parties respecting its subject matter, and any prior or contemporaneous
agreements or understandings, written or oral, are hereby merged into and superseded by the provisions
of this Agreement. This Agreement may only be amended or supplemented by a subsequent writing of
equal dignity except where expressly set forth herein. This Agreement may not be assigned by a Party
without the prior written consent of the other Parties.
No covenants of officials. No covenant, agreement or obligation contained in this Agreement shall
be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee
or agent of the Authority or the Town in his or her individual capacity, and neither Town officials nor the
directors of the Authority nor any officer, employee or agent thereof executing this Agreement or any
related instrument shall be liable personally on this Agreement or such instrument or be subject to any
personal liability or accountability by reason of the execution and delivery thereof. No director, officer,
employee or agent of the Authority or the Town shall incur any personal liability with respect to any other
action taken by him or her pursuant to this Agreement or the Industrial Development and Revenue Bond
Act or any of the transactions contemplated hereby or thereby, provided he acts in good faith.
Not a pledge of full faith and credit. Any obligation of the Town to pay, set aside, or otherwise
appropriate funds for performance of this Agreement shall be construed to be subject to appropriation,
and shall not be construed to be in derogation of Article VII § 10 of the Virginia Constitution. THE
OBLIGATIONS OF THE AUTHORITY UNDER THIS AGREEMENT ARE NOT GENERAL OBLIGATIONS OF THE
AUTHORITY BUT ARE LIMITED OBLIGATIONS PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS
DERIVED BY THE AUTHORITY FROM THE TOWN PURSUANT TO THIS AGREEMENT. THE OBLIGATIONS OF
THE AUTHORITY AND THE TOWN HEREUNDER SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A
PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL
SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE TOWN.
Rule of construction for dates. If any action is required to be performed, or if any notice, consent
or other communication is given, on a day that is a Saturday or Sunday or a legal holiday in the
Commonwealth of Virginia, such performance shall be deemed to be required, and such notice, consent
or other communication shall be deemed to be given, on the first business day following such Saturday,
Sunday or legal holiday. Unless otherwise specified herein, all references in this Agreement to a “day” or
“days” shall refer to calendar days and not business days.
Choice of law; Forum Selection. This Agreement shall be construed according to the laws of the
Commonwealth of Virginia without regard to its principles of conflicts of laws. The Parties consent to
exclusive venue and jurisdiction in any state court of competent jurisdiction in Roanoke County, Virginia
or the United States District Court for the Western District of Virginia, Roanoke Division.
{00506893.DOCX 2} 6
Attorneys’ fees. The Parties agree that, except as specifically provided in this Agreement, if any
Party pursues legal action to enforce the terms of this Agreement, the American Rule shall apply and each
Party shall bear its own attorneys’ fees and expert costs and no fee shifting shall occur.
Drafter & Severability. This Agreement has been jointly drafted by the Parties, and is to be
construed as jointly drafted and not be construed against any of the Parties as the drafter. This Agreement
is severable, and if any provision is found to be invalid by any court of competent jurisdiction, the
remainder shall survive. The section and paragraph headings in this Agreement are for convenience of
reference only and do not modify or restrict any provisions hereof and shall not be used to construe any
provisions of this Agreement.
Covenant of Authority. All Parties warrant that the signatories below have full authority, and have
undertaken such legal actions as may be necessary to ensure such authority, to bind the entities of which
they are representatives to the full extent permitted by law. Company agrees that, during the term of this
Agreement, it shall not allow its existence to lapse or its authorization to transact business in the
Commonwealth of Virginia to be revoked or cancelled at any time. This Agreement may be executed by
facsimile, electronic or original signature of the parties and in counterparts which, assuming no
modification or alteration, shall constitute an original and when taken together, shall constitute one and
the same instrument.
Time of the Essence. Time is of the essence of all obligations set forth herein for which a time is
stated. However, whenever a period of time is provided in this Agreement for the Company or Town to
do or perform any act or thing, the Company or Town, as the case may be, shall not be liable or responsible
for any delays due to strikes, lockouts, casualties, acts of God, war, governmental regulation or control,
pandemics or other causes beyond the reasonable control of Company or Town, as the case may be, and
in any such event said time period shall be extended for the amount of time the Company or Town is so
delayed.
Waiver. The failure of any Party to this Agreement to insist upon strict compliance with any term
herein shall not be construed to be a waiver of that requirement.
No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer
any rights or remedies upon any person, other than the Parties hereto and, subject to the restrictions on
assignment herein contained, their respective successors and assigns.
Assignment of Agreement. Any obligation under this Agreement may be assigned to a third party
with the prior written consent of all Parties and upon such terms as may be set forth in such consents.
Any such assignment, however, shall not relieve the Company from any of its obligations under this
Agreement.
Town Attorney approval. This Agreement has been approved as to form by the Town Attorney of
the Town of Vinton, Virginia. Any amendment that is not approved as to form by the Town Attorney is
void and of no force and effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
construed to be an original and production of all of which shall not be necessary to prove the contents of
this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first written.
{00506893.DOCX 2} 7
TOWN OF VINTON, VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
By:_________________________________ By:____________________________________
Richard Peters
Town Manager Title:___________________________________
CMART HOLDINGS LLC.
By:____________________________________
Title:___________________________________
APPROVED AS TO FORM:
______________________________
Town Attorney
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
MAY 2, 2023, AT 5:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, CMART Holdings LLC. will be making a significant capital investment in the Town;
and
WHEREAS, the Town and the Authority recognize that the Company’s redevelopment of located
at 522 East Cleveland Avenue, Vinton, VA (Roanoke County Tax Map #060.16-08-
30.00-0000); 528 East Cleveland Avenue, Vinton, VA (Roanoke County Tax Map
#060.16-08-29.00-0000); and 0 East Cleveland Avenue, Vinton, VA (Roanoke
County Tax Map #060.16-08-28.00-0000) will promote economic development in
the Town, will provide additional tax revenue for the Town and County in the form
of increased real estate taxes, and will contribute to the vitality of the area; and
WHEREAS, the Town and the Authority expect that the Project will promote economic
development and neighborhood beautification, as well as generate new local tax
revenues and housing inventory for the Town of Vinton; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority to provide a
Local Economic Development Incentive Grant to the Company (the “Local Grant”)
in an amount not to exceed $250,000 for the purpose of inducing the Company to
construct the aforementioned Project; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be generated by the
Capital Investment and additional tax revenue constitute valid public purposes for
the expenditure of public funds and is the animating purpose for the Local Grant.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Performance Agreement is hereby approved in a form substantially similar to the one
presented to the Roanoke County Economic Development Authority and approved by the
Town Attorney.
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then
to deliver the Performance Agreement 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:
Richard W. Peters, Jr., Town Clerk
Meeting Date
May 2, 2023
Department
Administration
Issue
Consideration of a Resolution authorizing the Town Manager to execute a Performance Agreement
with South Pollard Improvement LLC. and the Town of Vinton to redevelop the former Star City
Playhouse building into the Pollard 107 South restaurant.
Summary
The Town of Vinton in partnership with the Roanoke County Economic Development Authority
has negotiated terms of a Performance Agreement with South Pollard Improvement LLC valued
up to $205,000 over a one-year period to encourage the redevelopment of the former Star City
Playhouse building into the Pollard 107 South restaurant.
Terms of the Performance Agreement include the Town of Vinton appropriating to the Roanoke
County Economic Development Authority an amount not to exceed $155,000 following the
issuance of a Roanoke County certificate of occupancy. The Town of Vinton will appropriate the
final $50,000 to the Roanoke County Economic Development Authority following the generation
of at least $50,000 in tax revenue from the restaurant within the first year of operation.
The proposed Pollard 107 South restaurant will redevelop a vacant building in Vinton’s downtown
to revitalize the Town’s main street and a gateway property, as well as generate meals tax revenue
and create approximately 20 new jobs.
Attachments
Performance Agreement
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
{00506892.DOCX 2} 1
PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (the “Agreement”) is made as of this _____ day of ________,
2023, by and between the TOWN OF VINTON, a political subdivision of the Commonwealth of Virginia,
(hereafter, the “Town”), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA
(hereafter, the “Authority”), and SOUTH POLLARD IMPROVEMENT LLC., a Virginia limited liability
company (hereafter, the “Company”). Collectively, the Town, Authority, and Company may be referred to
herein as the “Parties.”
WITNESSETH
WHEREAS, the Town Council of the Town of Vinton and the Economic Development Authority of
Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of
the Town of Vinton and Roanoke County through the redevelopment of existing property in order to
provide for retained and increased employment and corporate investment in the Town of Vinton; and
WHEREAS, the Company acquired the former Star City Playhouse building, located at 107 South
Pollard Street, Vinton, VA (Roanoke County Tax Map #060.16-01-06.00-0000) (the “Property”) to
redevelop, renovate and convert into a restaurant to be known as Pollard 107 South (the “Project”); and
WHEREAS, in performing the Project, the Company will be making a significant capital Investment
in the Town, will be creating and maintaining new jobs in the Town, and will be generating meals tax
revenue in the Town; and
WHEREAS, the Town and the Authority recognize that the Company’s development of the
Property will promote economic development in the Town, will provide additional tax revenue for the
Town and County in the form of increased real estate taxes and meals taxes, will create and maintain new
jobs in the Town, and will contribute to the vitality of the area; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority to provide a
Local Economic Development Incentive Grant to the Company (the “Local Grant”) in an amount not to
exceed $205,000 for the purpose of inducing the Company to develop and operate the aforementioned
Project; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be generated by
the Company’s capital investment and additional tax revenue constitute valid public purposes for the
expenditure of public funds and is the animating purpose for the Local Grant.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein,
the parties agree to the following:
1. Company’s Performance Requirements.
a. The Company will develop the Property into a full-service restaurant to be known as
Pollard 107 South and which will consist of no less than 2,000 square feet of interior dinning space
and no less than 1,000 square feet of exterior/seasonal dining space. The Company will be
responsible for obtaining and maintaining all customary and necessary federal, state, and local
permits and approvals for the Project.
b. The Company will make a capital investment of not less than $1,200,000 in the Property
for the purpose of the Project (“Capital Investment”) by December 31, 2023 (“Capital Investment
{00506892.DOCX 2} 2
Performance Date”). The Capital Investment shall be in the form of architectural and engineering
fees, building construction and improvement costs, and furniture, fixtures, and equipment.
c. The Company will create and maintain for at least twelve (12) months no fewer than 20
new full-time equivalent jobs for the Project (“New Jobs”). For the purpose of this Agreement,
New Jobs means new permanent full-time equivalent employment of an indefinite duration at
the Property for which the Company pays an average hourly wage of at least $10.00. Each New
Job must require a minimum of either (i) 35 hours per week of an employee’s time for the
restaurant’s normal year, which “normal year” must consist of at least 48 weeks, or (ii) 1,680
hours per year. Part-time positions may be aggregated to equal a full-time equivalent position.
Seasonal or temporary positions with construction contractors, vendors, suppliers, and similar
multiplier or spin-off jobs shall not qualify as New Jobs. All New Jobs must be created no later
than the Capital Investment Performance Date and maintained for at least the first twelve (12)
months following the restaurant’s initial operation. Restaurant operations shall be deemed to
have begun once the restaurant makes its first sale of prepared food or beverages to a customer.
d. The Company will generate no less than $50,000 in meals tax revenue paid to the Town
during the first twelve (12) months of the restaurant’s operation (“Meals Tax Revenue”). For the
purpose of this Agreement, Meals Tax Revenue means the annual amount of tax revenue
collected by the Town of Vinton from the Company on meals purchased from the Pollard 107
South restaurant under Article V, Tax on Prepared Food and Beverages, of Chapter 86 of the
Vinton Town Code, as amended, during the first twelve months following the restaurant’s initial
operation. Restaurant operations shall be deemed to have begun once the restaurant makes its
first sale of prepared food or beverages to a customer.
e. The Company will provide the Town and the Authority with any and all documentation
that they may require to verify: (i) the Company’s progress on the Project; (ii) the Company’s
Capital Investment in the Project; (iii) the Meals Tax Revenue generated by the Project; and (iv)
the number of New Jobs created and maintained, during the period in which the Local Grant
payments are to be made pursuant to this Agreement. The Company may redact from such
documentation any personally identifiable, private, confidential, or other information that
Company is required by law to keep confidential.
2. Economic Development Incentive Grant.
a. The Town will provide the Authority with the funds for the Local Grant as set forth in this
Agreement. The Authority will pay the Local Grant to the Company in multiple installments as an
inducement for the Company to make the Capital Investments, create and maintain the New Jobs,
and generate the Meals Tax Revenue. The Company must use the Local Grant funds only for the
Project, and for no other purpose.
b. Following Roanoke County’s issuance of a certificate of occupancy for the Property and
the Project and the Town’s issuance of a business license for the restaurant, the Town shall,
indirectly through the Authority, reimburse the Company for its costs and expenses directly
related to the installation of a fire suppression system for the Property, including the cost of
installation of a vault and utility connections; provided, however, this reimbursement shall not,
under any circumstances, exceed $90,000. The Company must provide all information reasonably
requested by the Town and/or Authority to verify the amounts spent on the installation of the
fire suppression system.
{00506892.DOCX 2} 3
c. Following Roanoke County’s issuance of a certificate of occupancy for the Property and
the Project and the Town’s issuance of a business license for the restaurant, the Town shall,
indirectly through the Authority, reimburse the Company for its costs and expenses directly
related to upgrading the existing concealed conditions of the building’s plumbing system,
including water and sanitary sewer updates; provided, however, this reimbursement shall not,
under any circumstances, exceed $65,000. The Company must provide all information reasonably
requested by the Town and/or Authority to verify the amounts spent on upgrading the building’s
plumbing system.
d. Provided the restaurant at the Property both generates $50,000 in Meals Tax Revenue
and maintains 20 New Jobs during its initial twelve (12) months of operation, the Town shall,
indirectly through the Authority, reimburse the Company for its costs and expenses directly
related to renovations to the building’s exterior façade and parking and site improvements;
provided, however, this reimbursement shall not, under any circumstances, exceed $50,000. If
the restaurant at the Property does not generate $50,000 in Meals Tax Revenue and maintain 20
New Jobs during the initial twelve (12) months of its operations, then the Town will have no
obligation to provide this reimbursement. The Company must provide all information reasonably
requested by the Town and/or Authority to verify the amounts spent on façade renovations and
parking and site improvements.
e. The Authority shall make all payments to the Company within thirty (30) days of its receipt
of Local Grant funds from the Town.
3. Extensions.
a. If the Town Manager deems that good faith and reasonable efforts have been made and
are being made by the Company to complete renovations to the Property and create 20 New Jobs
by the Capital Investment Performance Date and/or that good faith and reasonable efforts have
been made and are being made by the Company to generate Meals Tax Revenue and maintain 20
new Jobs within the initial twelve (12) months following the restaurant’s initial operations, then
the Town may, in its sole discretion, extend any or all of the performance deadlines by up to 12
months. If any performance deadline is extended, the Town shall send written notice of the
extension to the Authority and the Company and the date to which any performance deadline has
been extended shall become the new performance deadline for the matter that is the subject of
the extended performance deadline.
b. If any party is unable to perform its commitments under this Agreement by reason of
force majeure, then that party shall not be deemed to be in default of its obligations under this
Agreement, and any deadlines for the performance of its obligations and, if applicable, the
deadlines for the performance of the other party’s obligations shall be extended for a time equal
to the time period of the force majeure event, plus ten days. The term “force majeure” as used
herein, shall include without limitation acts of God: hurricanes, floods, fire, tornadoes,
earthquakes, storm; strikes or other industrial disturbances; acts of public enemy’s; orders of
governmental authorities; insurrections; riots; epidemics.
4. Reporting.
The Company shall annually provide, at the Company’s expense, detailed verification reasonably
satisfactory to the Town and the Authority of the Company’s progress on its Capital Investment, New Jobs,
and Meals Tax Revenue obligations. For the purposes of verifying the accuracy of reports, and for no other
{00506892.DOCX 2} 4
purpose, the Company hereby waives its protections under Section 58.1-3 of the Code of Virginia, 1950,
as amended, and authorizes the Commissioner of the Revenue for Roanoke County, Virginia, to provide
verification to the Town and the Authority from her records; provided, however, that such disclosure shall
not waive the protections of § 58.1-3 as to any other person, nor authorize the Town or the Authority to
disclose such information to any other person. The Company will be solely responsible for obtaining and
providing detailed verification reasonably satisfactory to the Town and the Authority of Capital
Investments made for the Project, New Jobs created and maintained by the Project, and Meals Tax
Revenue generated by the Project.
5. Default; Repayment; Forfeiture.
If the Company (i) fails to make the required Capital Investment by the Capital Investment
Performance Date; (ii) fails to create 20 New Jobs by the Capital Investment Performance Date; (iii) fails
to maintain 20 New Jobs during the first twelve (12) months of the restaurant’s operations; (iv) fails to
generate $50,000 in Meals Tax Revenue during the first twelve (12) months of the restaurant’s operations;
(v) fails to complete construction of the Project and obtain a certificate of occupancy for the Property and
the Project by the Capital Investment Performance Date; (vi) discontinues design or construction work on
the Project prior to its completion; (vii) sells or conveys ownership of the Property prior to the completion
of the Project; (viii) fails to open and begin operating the restaurant by the Capital Investment
Performance Date; or (ix) breaches any other material provision of this Agreement and the breach is not
cured within thirty (30) days of written notice of such breach to the Company from either the Town or the
Authority, then Company shall: (a) forfeit all future Local Grant payments under Section 2 of this
Agreement and (b) repay to the Authority all Local Grant payments that previously have been paid to the
Company under Section 2 of this Agreement. These remedies are in addition to, not in lieu of, other
remedies that may be available to the Town at law and in equity.
6. Notices.
Any notices required or permitted to be given under this Agreement shall be given in writing, and
shall be deemed to be received upon receipt or refusal after mailing of same in the United States by First-
Class U.S. Mail, certified, postage prepaid, or by customary commercial overnight courier (refusal shall
mean return of certified mail or overnight courier package not accepted by addressee):
South Pollard improvement LLC
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
5204 Bernard Drive
Room 421
Roanoke, Virginia 24018
ROANOKE COUNTY ATTORNEY’S OFFICE
5204 Bernard Drive
Fourth Floor
Roanoke, Virginia 24018
Attn: Peter S. Lubeck, County Attorney
{00506892.DOCX 2} 5
311 Pollard Street
Vinton, Virginia 24179
Attn: Richard W. Peters, Jr., Town Manager
Spilman Thomas & Battle, PLLC
310 First Street, Suite 1100 (ZIP 24011)
Post Office Box 90
Roanoke, VA 24002-0090
Attn: Jeremy E. Carroll
The addresses set forth in this section only may be amended by sending written notice to all other parties
of a change of address, without need of signed amendment to this Agreement.
Miscellaneous.
Indemnity. The Company agrees to indemnify, defend, and hold the Authority, the Town, and
their officers, directors, and employees, free and harmless for and from any and all claims, causes of
action, damages or any liability of any type, including reasonable attorneys’ fees, on account of any claims
by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or
arising in any way out of any negligent, reckless or willful errors, actions, omissions or activities of the
Company or its agents, employees or representatives arising out of or connected in any way to any of the
matters involved in this Agreement or its performance or non-performance, including without limitation
the Company’s performance or failure to perform the Project.
Integration. This Agreement, including the documents referenced herein, constitutes the full and
complete understanding of the Parties respecting its subject matter, and any prior or contemporaneous
agreements or understandings, written or oral, are hereby merged into and superseded by the provisions
of this Agreement. This Agreement may only be amended or supplemented by a subsequent writing of
equal dignity except where expressly set forth herein. This Agreement may not be assigned by a Party
without the prior written consent of the other Parties.
No covenants of officials. No covenant, agreement or obligation contained in this Agreement shall
be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee
or agent of the Authority or the Town in his or her individual capacity, and neither Town officials nor the
directors of the Authority nor any officer, employee or agent thereof executing this Agreement or any
related instrument shall be liable personally on this Agreement or such instrument or be subject to any
personal liability or accountability by reason of the execution and delivery thereof. No director, officer,
employee or agent of the Authority or the Town shall incur any personal liability with respect to any other
action taken by him or her pursuant to this Agreement or the Industrial Development and Revenue Bond
Act or any of the transactions contemplated hereby or thereby, provided he acts in good faith.
Not a pledge of full faith and credit. Any obligation of the Town to pay, set aside, or otherwise
appropriate funds for performance of this Agreement shall be construed to be subject to appropriation,
and shall not be construed to be in derogation of Article VII § 10 of the Virginia Constitution. THE
OBLIGATIONS OF THE AUTHORITY UNDER THIS AGREEMENT ARE NOT GENERAL OBLIGATIONS OF THE
AUTHORITY BUT ARE LIMITED OBLIGATIONS PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS
DERIVED BY THE AUTHORITY FROM THE TOWN PURSUANT TO THIS AGREEMENT. THE OBLIGATIONS OF
THE AUTHORITY AND THE TOWN HEREUNDER SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A
PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL
SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE TOWN.
Rule of construction for dates. If any action is required to be performed, or if any notice, consent
or other communication is given, on a day that is a Saturday or Sunday or a legal holiday in the
{00506892.DOCX 2} 6
Commonwealth of Virginia, such performance shall be deemed to be required, and such notice, consent
or other communication shall be deemed to be given, on the first business day following such Saturday,
Sunday or legal holiday. Unless otherwise specified herein, all references in this Agreement to a “day” or
“days” shall refer to calendar days and not business days.
Choice of law; Forum Selection. This Agreement shall be construed according to the laws of the
Commonwealth of Virginia without regard to its principles of conflicts of laws. The Parties consent to
exclusive venue and jurisdiction in any state court of competent jurisdiction in Roanoke County, Virginia
or the United States District Court for the Western District of Virginia, Roanoke Division.
Attorneys’ fees. The Parties agree that, except as specifically provided in this Agreement, if any
Party pursues legal action to enforce the terms of this Agreement, the American Rule shall apply and each
Party shall bear its own attorneys’ fees and expert costs and no fee shifting shall occur.
Drafter & Severability. This Agreement has been jointly drafted by the Parties, and is to be
construed as jointly drafted and not be construed against any of the Parties as the drafter. This Agreement
is severable, and if any provision is found to be invalid by any court of competent jurisdiction, the
remainder shall survive. The section and paragraph headings in this Agreement are for convenience of
reference only and do not modify or restrict any provisions hereof and shall not be used to construe any
provisions of this Agreement.
Covenant of Authority. All Parties warrant that the signatories below have full authority, and have
undertaken such legal actions as may be necessary to ensure such authority, to bind the entities of which
they are representatives to the full extent permitted by law. Company agrees that, during the term of this
Agreement, it shall not allow its existence to lapse or its authorization to transact business in the
Commonwealth of Virginia to be revoked or cancelled at any time. This Agreement may be executed by
facsimile, electronic or original signature of the parties and in counterparts which, assuming no
modification or alteration, shall constitute an original and when taken together, shall constitute one and
the same instrument.
Time of the Essence. Time is of the essence of all obligations set forth herein for which a time is
stated. However, whenever a period of time is provided in this Agreement for the Company or Town to
do or perform any act or thing, the Company or Town, as the case may be, shall not be liable or responsible
for any delays due to strikes, lockouts, casualties, acts of God, war, governmental regulation or control,
pandemics or other causes beyond the reasonable control of Company or Town, as the case may be, and
in any such event said time period shall be extended for the amount of time the Company or Town is so
delayed.
Waiver. The failure of any Party to this Agreement to insist upon strict compliance with any term
herein shall not be construed to be a waiver of that requirement.
No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer
any rights or remedies upon any person, other than the Parties hereto and, subject to the restrictions on
assignment herein contained, their respective successors and assigns.
Assignment of Agreement. Any obligation under this Agreement may be assigned to a third party
with the prior written consent of all Parties and upon such terms as may be set forth in such consents.
Any such assignment, however, shall not relieve the Company from any of its obligations under this
Agreement.
{00506892.DOCX 2} 7
Town Attorney approval. This Agreement has been approved as to form by the Town Attorney of
the Town of Vinton, Virginia. Any amendment that is not approved as to form by the Town Attorney is
void and of no force and effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be construed to be an original and production of all of which shall not be necessary to prove the contents
of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first written.
TOWN OF VINTON, VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
By:_________________________________ By:____________________________________
Richard Peters
Town Manager Title:___________________________________
SOUTH POLLARD IMPROVEMENT LLC.
By:____________________________________
Title:___________________________________
APPROVED AS TO FORM:
______________________________
Town Attorney
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
MAY 2, 2023, AT 5:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, South Pollard Improvement LLC. will be making a significant capital investment in
the Town; and
WHEREAS, the Company acquired the former Star City Playhouse building, located at 107 South
Pollard Street, Vinton, VA (Roanoke County Tax Map #060.16-01-06.00-0000) (the
“Property”) to redevelop, renovate and convert into a restaurant to be known as
Pollard 107 South (the “Project”); and
WHEREAS, in performing the Project, the Company will be making a significant capital
investment in the Town, will be creating and maintaining new jobs in the Town, and
will be generating meals tax revenue in the Town; and
WHEREAS, the Town and the Authority recognize that the Company’s development of the
Property will promote economic development in the Town, will provide additional
tax revenue for the Town and County in the form of increased real estate taxes and
meals taxes, will create and maintain new jobs in the Town, and will contribute to
the vitality of the area; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority to provide a
Local Economic Development Incentive Grant to the Company (the “Local Grant”)
in an amount not to exceed $205,000 for the purpose of inducing the Company to
develop and operate the aforementioned Project; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be generated by the
Company’s capital investment and additional tax revenue constitute valid public
purposes for the expenditure of public funds and is the animating purpose for the
Local Grant.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Performance Agreement is hereby approved in a form substantially similar to the one
presented to the Roanoke County Economic Development Authority and approved by the
Town Attorney.
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then
to deliver the Performance Agreement 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:
Richard W. Peters, Jr., Town Clerk
Meeting Date
May 2, 2023
Department
Planning and Zoning
Issue
Consider adoption of a Resolution authorizing the Town Manager to submit and sign the necessary
paperwork for the Virginia Department of Conservation and Recreation’s (VA DCR) 2023 VA Recreational
Trails Program (RTP) grant application for the Wolf Creek Greenway Restroom Facility and Parking
Improvements Project.
Summary
This grant request is to provide two single user fully accessible restrooms facility and to improve the
existing trailhead parking area at Wolf Creek Greenway. The trailhead parking improvements, will include
replacing the perimeter parking fencing, provide one accessible parking space, a concrete pad for the new
accessible restroom building, and a concrete trail connection from the parking area to the accessible
restroom facility and to the existing Wolf Creek Greenway.
The estimated total project cost is $233,750.00. Grant funding in the amount of $187,000.00 (80%) will be
requested, with the remaining $46,750.00 funds to be provided by the required 20% local match. Part of the
20% match can be from force account labor (employees of entity working on the project, either in-field or
in project/grant administration), and Town funds.
Attachment
Project Concept Plan
Precast Concrete Restroom Rendering and Specifications
Project Budget
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
Project Name: Wolf Creek Greenway Amenities Improvement
Project Location: 1340 Hardy Road, Vinton, VA 24179
Total Project Cost with 10% Contingency: $233,750.00
DCR RTP Funding - 80% of Total Project Cost: 187,000.00$
Local Funding - 20% of the Required Match:46,750.00$
Town's Committed Cash:35,000.00$
Town's Force Labor:11,750.00$
Total Funds:$233,750.00
CXT® Precast Concrete Products manufactures restroom, shower and
concession buildings in multiple designs, textures and colors. The roof and
walls are fabricated with high strength precast concrete to meet all local
building codes and textured to match local architectural details. All CXT
buildings are designed to meet A.D.A. and to withstand heavy snow, high
wind and category E seismic loads. All concrete construction also makes
the buildings easy to maintain and withstand the rigors of vandalism. The
buildings are prefabricated and delivered complete and ready-to- use,
including plumbing and electrical where applicable. With thousands of
satisfied customers nationwide, CXT is the leader in prefabricated concrete
restrooms.
1.ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines
Road, Suite 202, Spokane Valley, WA 99206
2.ORDERING PROCEDURES: Fax 509-928-8270
3.PAYMENT ADDRESS(ES):
Remitting by check:
CXT, Inc., PO Box 676208, Dallas, TX 75267-6208
Remitting by ACH or wire transfer:
Beneficiary: CXT, Inc.
Beneficiary Bank: PNC Bank, Pittsburgh, PA
Account: 1077766885 ABA/Routing: 043000096
Email remittance details to AR@lbfoster.com
4.WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The
warranty is valid only when concrete is used within the specified loadings.
Furthermore, said warranty includes only the related material necessary
for the construction and fabrication of said concrete components. All
other non-concrete components will carry a one (1) year warranty. CXT
warrants that all goods sold pursuant hereto will, when delivered, conform
to specifications set forth above. Goods shall be deemed accepted and
meeting specifications unless notice identifying the nature of any non-
conformity is provided to CXT in writing within the specified warranty.
CXT, at its option, will repair or replace the goods or issue credit for the
customer provided CXT is first given the opportunity to inspect such goods.
It is specifically understood that CXT’s obligation hereunder is for credit,
repair or replacement only, F.O.B. CXT’s manufacturing plants, and does not
include shipping, handling, installation or other incidental or consequential
costs unless otherwise agreed to in writing by CXT.
This warranty shall not apply to:
1. Any goods which have been repaired or altered without CXT’s express written
consent, in such a way as in the reasonable judgment of CXT, to adversely affect the
stability or reliability thereof;
2.To any goods which have been subject to misuse, negligence, acts of
God or accidents; or
3.To any goods which have not been installed to manufacturer’s
specifications and guidelines, improperly maintained, or used outside of
the specifications for which such goods were designed.
5.TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): All prices
subject to the “Conditions of Sale” listed on the CXT quotation form.
Customers are responsible for marking exact location building is to be
set; providing clear and level site, free of overhead and/or underground
obstructions; and providing site accessible to normal highway trucks and
sufficient area for the crane to install and other equipment to perform
the contract requirements. Customer shall provide notice in writing of
low bridges, roadway width or grade, unimproved roads or any other
possible obstacles to access. CXT reserves the right to charge the customer
for additional costs incurred for special equipment required to perform
delivery and installation. Customers will negotiate installation on a project-
ORDERING INFORMATION
by-project basis, which shall be priced as separate line items. For more
information regarding installation and truck turning radius guidelines
please see our website at http://www.cxtinc.com.
In the event delivery of the building/s ordered is/are not completed
within 30 days of the agreed to schedule through no fault of CXT, an invoice
for the full contract value (excluding shipping and installation costs) will be
submitted for payment. Delivery and installation charges will be invoiced at
the time of delivery and installation.
Should the delivery and installation costs increase due to changes in the
delivery period, this increase will be added to the price originally quoted,
and will be subject to the contract payment terms.
In the event that the delivery is delayed more than 90 days after the
agreed to schedule and through no fault of CXT, then in addition to the
remedies above, a storage fee of 1-½% of contract price per month or any
part of any month will be charged.
**Customer is responsible for all local permits and fees.
6.DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice.
CXT operates three (3) manufacturing plants in the United States and will
deliver from the closest location on our carriers.
7.PAYMENT TERMS: All orders are cash in advance. At CXT’s discretion,
credit may be given after approval of credit application. Payment to CXT by
the purchaser of any approved credit amount is net 30 days after submission
of invoice to purchaser. Interest at a rate equal to the lower of (i) the highest
rate permitted by law; or (ii) 1.5% per month will be charged monthly on
all unpaid invoices beginning with the 35th day (includes five (5) day grace
period) from the date of the invoice. Under no circumstance can retention
be taken. If CXT initiates legal proceeding to collect any unpaid amount,
purchaser shall be liable for all of CXT’s costs, expenses and attorneys’ fees
and costs of any appeal.
8.LIMITATION OF REMEDIES: In the event of any breach of any obligations
hereunder; breach of any warranty regarding the goods, or any negligent
act or omission of any party, the parties agree to submit all claims to binding
arbitration. Any settlement reached shall include all reasonable costs
including attorney fees. In no event shall CXT be subject to or liable for any
incidental or consequential damages. Without limitation on the foregoing,
in no event shall CXT be liable for damages in excess of the purchase price
of the goods herein offered.
9.DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to
invoice. CXT operates three (3) manufacturing plants in the United States
and will deliver from the closest location on our carriers. Use the information
below to determine the origin:
•F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687
applies to: AK, CA, HI, ID, MT, ND, NV, OR, SD, UT, WA, WY.
•F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ,
CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX.
•F.O.B. 362 Waverly Road, Williamstown, WV 26183 applies to AL, CT,
DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, PR, RI, SC, TN,
VA, VT, WI, WV.
•Prices exclude all federal/state/local taxes. Tax will be charged where
applicable if customer is unable to provide proof of exemption.
Rev. 05/11/2022
Added Cost Options Price per unit Click to select
Final Connection to Utilities (per section)$
Custom Wall Texture (per section)
Optional Roof Texture (per section) Ribbed Metal $
Insulation and Heaters (per section)$
Stainless Steel Water Closet (each)Qty: $
Stainless Steel Lavatory (each)Qty: $
Electric Hand Dryer (each)Qty: $
Electronic Flush Valve (each)Qty: $
Electronic Lavatory Faucet (each)Qty: $
Paper Towel Dispenser (each)Qty: $
Toilet Seat Cover Dispenser (each)Qty: $
Sanitary Napkin Disposal Receptacle (each)Qty: $
Baby Changing Table (each)Qty: $
Skylight in Restroom (each)Qty: $
Marine Grade Skylight in Restroom (each)Qty: $
Marine Package (excluding fiberglass doors, frames and front window frames) (per section)$
Exterior Mounted ADA Drinking Fountain w/Cane Skirt (each)Qty: $
2K Anti-Graffiti Coating (per section)$
Optional Door Closure (each)Qty: $
Fiberglass Entry and Chase Doors and Frames (each)Qty: $
Timed Electric Lock System (2 doors- does not include chase door) (each)Qty: $
Exterior Frostproof Hose Bib with Box (each)Qty: $
Total for Added Cost Options: $
Custom Options: $
Engineering and State Fees: $
Estimated One-Way Transportation Costs to Site (quote): $
Estimated Tax:$
Total Cost per Unit Placed at Job Site: $
DENALI — 10’ 3” x 17’ 2”
Denali with chase has two single user fully accessible
flush restrooms. Standard features include simulated
board and batt upper and Napa Valley rock lower
textured walls, simulated cedar shake textured roof,
vitreous china fixtures, interior and exterior lights, off
loaded, and set up at site.
800.696.5766
cxtinc.com
*Base Price $
Optional Sections
Shower*Qty: =
Qty: = Storage Qty: =
Restroom* Qty: =
Family Assist Shower/Restroom Combo*
Concession* Qty: =
*Includes 4-gallon water heater. Total for Optional Sections $
Estimated monthly payment on 5 year lease
This price quote is good for 60 days from date below, and is
accurate and complete.
I accept this quote. Please process this order.
Company Name
Company Representative DateCXT Sales Representative Date
Disclaimer: Please call to confirm selected sections are compatible.
OPTIONS
Exterior Color(s) (For single color mark an X. For two-tone combinations use W = Walls and R = Roof.)
Amber Rose Berry Mauve Buckskin Cappuccino Cream
Charcoal Grey Coca Milk Evergreen Georgia Brick
Golden Beige Granite Rock Hunter Green Java Brown
Liberty Tan Malibu Taupe Mocha Caramel Natural Honey
Nuss Brown Oatmeal Buff Pueblo Gold Raven Black
Rich Earth Rosewood Sage Green Salsa Red
Sand Beige Sun Bronze Toasted Almond Western Wheat
Special roof color #
Special wall color #
Special trim color #
Rock Color
Basalt Mountain Blend Natural Grey Romana
Roof Texture
Cedar Shake Ribbed Metal
Wall Texture(s) (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.)
Barnwood Horizontal Lap Can only be used as bottom texture
Split Face Block Board & Batt Napa Valley Rock River Rock
Stucco/Skip Trowel Brick Flagstone
(Textures not included in CXT’s quote are additional cost.)
Door Opener
Non-locking ADA Handle Privacy ADA Latch Pull Handle/Push Plate
Deadbolt
Accessible Signage
Men Women Unisex
Toilet Paper Holder
2-Roll Stainless Steel 3-Roll Stainless Steel
Notes:
cxtinc.com
800.696.5766
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MAY 2, 2023, AT 5:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
WOLF CREEK GREENWAY
RESTROOM FACILITY AND PARKING IMPROVEMENTS PROJECT
A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton,
to file an application for allocation of Virginia Department of Conservation and Recreation’s (VA
DCR) 2023 Recreational Trails Program (RTP) funds for the Wolf Creek Greenway Accessible
Restroom Facility and Trailhead Parking Improvements Project.
WHEREAS, the Town’s Wolf Creek Greenway, from Hardy Road to Washington Avenue,
funded by VA DCR RTP and Town funds was completed in May 1999; and
WHEREAS, Roanoke County extended the Wolf Creek Greenway, from Washington
Avenue to Stonebridge Park in 2001, and to the Blue Ridge Parkway in 2007, respectively;
WHEREAS, Wolf Creek Greenway is a heavily used trail by the residents of the Town of
Vinton, Roanoke County, and the neighboring Bedford County; and
WHEREAS, students from W.E. Cundiff Elementary, William Byrd Middle and High Schools
also use this greenway because it is conveniently located adjacent to the schools; and
WHEREAS, the Town desires to seek funding from the VA DCR RTP to provide two
single-user fully accessible restrooms and to improve the existing trailhead parking areas for the
Wolf Creek Greenway users; and
NOW, Therefore, Be It Resolved, that the Town of Vinton hereby agrees to provide a
minimum 20 percent matching contribution for this Project.
NOW, Therefore, Be It Resolved by the Council of the Town of Vinton, Virginia as
follows:
1. The Town Manager is hereby authorized and directed to execute and submit to the
Virginia Department of Conservation and Recreation a 2023 VA Recreational Trails
Program (RTP) grant application for the Wolf Creek Greenway Restroom Facility and
Parking Improvements Project.
BE IT FURTHER RESOLVED, that the Town of Vinton hereby agrees to enter into a
project administration agreement with VA DCR and provide the necessary oversight to ensure the
2
project is developed in accordance with all state and federal requirements for design and
construction of a federally funded amenities improvement project.
BE IT FURTHER RESOLVED, that the Town of Vinton will be responsible for
maintenance and operating costs of any facility constructed with VA DCR RTP funds.
This Resolution 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:
_____________________________
Richard W. Peters, Jr., Town Clerk