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HomeMy WebLinkAbout11/17/2020 - Regular1 Vinton Town Council Regular Meeting Tuesday, November 17, 2020 at 7:00 p.m. PARTICIPATION WILL BE BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY The Vinton Town Council will hold its regular meeting at 7:00 p.m. on Tuesday, November 17, 2020, using electronic communication means without the public being present in the Council Chambers. Participation by Council members, staff, and the public will only be available through electronic means. The public will have access to observe this regular meeting of Town Council through a livestream on the Town’s Facebook page at www.facebook.com/vintonva. Citizens may register to speak at this Council Meeting by calling the Town Clerk’s Office at 540-983- 0607 or sending an email to sjohnson@vintonva.gov by 12 Noon on Monday, November 16, 2020. Once registered, the citizen who wishes to address Council will be provided the Zoom meeting information and will be allowed to join the meeting and address Town Council by electronic means. AGENDA Consideration of: A. CALL TO ORDER B. CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AND ROLL CALL C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS G. CONSENT AGENDA 1. Consider approval of minutes: a. Regular Council Meeting of October 20, 2020 b. Regular Council Meeting of November 3, 2020 Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Safety Committee - Virginia Municipal League 2020 Local Champion Award – Donna Collins I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. PUBLIC HEARINGS 1. Consideration of public comments concerning the proposed granting of a Real Property Purchase Option and Property Lease to Farmyard LLC of certain Town property located at 307 South Pollard Street, identified as Tax Parcel Number 060.15-07-43.00 a. Open Public Hearing • Report from Staff – Acting Town Manager • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution 2. Consideration of public comments concerning the proposed granting of a Lease to D W Restaurant, Inc. of certain Town property located at 110 East Lee Avenue, identified as Tax Parcel Number 060.16-02-15.00 a. Open Public Hearing • Report from Staff – Acting Town Manager • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution K. TOWN ATTORNEY L. TOWN MANAGER 1. BRIEFINGS 1. Briefing on the Petition of Giacomo Montuori for a Special Use Permit (SUP) for a proposed commercial indoor amusement use, located at 700 Hardy Road, Vinton, Virginia, Tax Map Number 060.20-05-64.00-0000, zoned GB General Business District – Nathan McClung 2. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution approving a new Residency Policy for the Town Manager, Town Treasurer and Chief of Police – Acting Town Manager 3. PROJECT UPDATES/COMMENTS 1. Update on the expansion of Rosie’s Gaming Emporium – Ernie Dellaverson, General Manager 3 M. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee N. APPOINTMENT TO BOARDS/COMMISSIONS/COMMITTEES 1. Roanoke Valley Resource Authority O. MAYOR P. COUNCIL Q. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: November 18, 2020 – 8:30 a.m. – Public Works Committee Meeting December 1, 2020 – 7:00 p.m. – Regular Council Meeting 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 November 17, 2020 Department Town Clerk Issue Consider approval of the minutes: a. Regular Council Meeting of October 20, 2020 b. Regular Council Meeting of November 3, 2020 Summary None Attachments October 20, 2020 minutes November 3, 2020 Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 20, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, AND ORDINANCE NO. 1016 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Joey Hiner, Public Works Director Anita McMillan, Planning & Zoning Director Donna Collins, Human Resources Director/Risk Manager Nathan McClung, Principal Planner The Vinton Town Council meeting was held via Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present announced the names of staff and others present, confirmed that the meeting was Section 4- Acts of the Virginia General Assembly and that means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. announcements, Vice Mayor McCarty announced the following: October 28 - History Museum Chair- ity Auction; October 30 – 7-9:00 p.m. - Halloween Movie Night on the Lawn "Hocus Pocus" - War Memorial and December 3 – lighting followed by Vinton Christmas Parade at 2 Vice Mayor McCarty made a motion to approve the Consent Agenda as pres was seconded by Council Member Stovall and voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved minutes of the Regular Council Meeting of August 18, 2020; Regular Council Meeting of September 1, 2020; Regular Council Meeting of September 15, 2020and of September 29, 2020; adopted Resolution No. 2379 appropriating funds in Forfeitures Restricted Account through the Re-Appropriated Fund Balance account to Eagle 3 mounted radars; Resolution No. 2380 appropriating funds in the amount of $7,314.40 from the DCJS Restricted Fund Balance Account to the Police Department Operating Budget Maintenance and Repair Sally Bay Door; Resolution Recoverie Maintenance and Repair of Equipment for repairs to two police vehicles; Resolution No. 2382 Operating Budget Employee Appreciation Department; Resolution transferring funds in the amount of $35,000 account in the General Fund to the Council Special Project account and the Building Council Chambers and Municipal Building and Ordinance No. 1022 Virginia for the second locally-based allocation distribute the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Under awards, introductions, presentations and Proclamation recognizing Elaine Bays-Murphy, the Director of Cable Access for RVTV- retirement. Bays-Murphy followed by comments 3 Chief Drumond next announced the following 2019 Police Department awards: Award - Corporal Jordan Keith; Award - Corporal Jeremy Shrewsbury; Leadership Award – Sergeant Michael Caldwell and Officer of the Year Award – Officer Brandon Alterio Drumond made brief comments regarding each award and its recipient their banquet. The next item on the agenda was the placement of small cell facilities throu Town of Vinton. Hearing at 7:26 p.m. The Town Attorney first purpose of this franchise agreement is to grant Cox a franchise to use the public rights-of- public property in the Town to expand its small cell wireless infrastructure. Small cells are intended to avoid the use of the larger towers and h smaller range, The Town began in November of last year of advertising for a Request for Proposal. opening was held at the Council meeting only bid being from Cox, which began the process of negotiating the franchise agreement with Cox. At the same time Attorney Mike Lockaby assisted with amending infrastructure. Town staff also package and will be considered for approval at the November 3, 2020 meeting. the negotiations between Attorney’s office a franchise agreement was agreed upon which In addition, the parties agreed upon a Master for Cox to place antennas on town- and buildings and provides some stricter details and approvals they must obtain. requires a fee of $270 per pole location on town- Public Hearing Opened 4 fee to incentivize the location of those antennas on buildings rather than on town- amount has yet to be determined. The Town Attorney next commented that Mr. McNulty with Cox was present at the meeting and available to answer any questions that Council might have regarding the two agreements. There were no public comments. Council Member Liles asked if other fee would be available before the November 3rd meeting. He also asked if any of the decorative light poles could be used for the antennas. The Town Attorney responded the agreement as to which poles can be used and there is a process for approving any location in the Town. Anita McMillan commented they are not to put the antennas on the ornamental pedestrian lighting downtown. Also, t Guidelines specifically mention that we prohibit any small cell equipment to be ornamental pedestrian building that has been improved under the CDBG Grant. locations of the facilities, the responded that through an application process conform to the downtown. Also, as part of the requirement when required to submit a site plan showing the proposed location. The Mayor closed the Public Hearing at 7:34 p.m. taken at the November 3, 2020 Council meeting. Public Hearing Closed The next item on the agenda was the consideration of public comments on the proposed Development (DHCD) for the Town of Vinton Cedar Av Community Infrastructure Rehabilitation Program The Mayor opened the Public Hearing at 7:35 p.m. Public Hearing Opened 5 Nathan McClung first commented that Council was briefed on the grant application before it was submitted in the Spring of this year. The Town was has opened it up for a Fall submission by October 30th with $3-4 Million available. Staff has taken the some of the details. Town staff also met with DHCD staff to discuss ways to improve our score and they have use Summit Design and Engineering Services and Janet Jonas, our consultant, who is present at this meeting. Mr. McClung next Clerk’s Office as a part of the permanent record. sidewalks, paving and other improvements. Most all of these have been reserved or improved upon; however, we have removed the stormwater improvements on 1st needed to redefine what our project objectives were households in the neighborhood, but would benefit more of the commercial properties on Pollard Street which is outside the project area. With regard to the Resolution, there needs to be two revisions— paragraph to read “ En improvements to the water and street utilities within the targeted and final delineated project area” and “indicated a number of housing units located in the floodplain a of water odor, taste, and color issues is an ongoing threat to public health, safety, and welfare.” presentation and commented application timeline, proposed improvements, non- implementation timeline. 6 Under public comments, Janet Scheid spoke in favor of the continuation of the project and voiced her concerns about the at the end of Cleveland Avenue and the relocation that is of an equivalent price of what they are paying now. Mr. Peters commented that it is not uncommon for localities such at the Town to have to apply for grant funds multiple times. In many of the cases with this awarded ahead of us were already in the second or applauded staff and parti and Janet Jonas, our consultant, in doing the extra cycle. commented due to some of the concerns expressed by Ms. Scheid, an addition to the project is the inclusion of a housing counselor to assist with the relocation of the residents and they are working to partner with another firm, either SERCAP or TAP, who are more familiar with the Roanoke housing market and have housing counselors on staff. Council Member Mullins commented that she has a business and currently lives in the project area and t benefit to the community. Hearing no further comments, the Mayor closed the Public Hearing at 7:56 p.m. Council Member Mullins the Resolution as revised seconded by Council Member Liles and carried by Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Public Hearing Closed Adopted Resolution No. 2384 approving the (CDBG) application to be submitted to the Virginia Department of Infrastructure Rehabilitation Program The next item on the agenda was further discussion on NLC Service Line Warranty Program 7 Cantrell showed a PowerPoint slide and first commented that the Service Line Warranty covers the water line, sewer line and interior plumbing and has a different rate structure. S going with no royalty which will be $5.25 monthly for water, $7.25 plumbing. On an annual basis it will be $58.00 for plumbing. Citizens will be able to pick and choose with this Program and Town staff HomeServe. We have our town logo and mailing addresses for the citizens on our water and sewer program. The water and interior leaks above their average consumption and consumption. We have not been able to track this well in the past, but our net adjustments for FY2020 were $94,981.00. The Town could elect to do the leak adjustment program through ServLine with the customer paying the premiums directly without the need for a rate adjustment. This would require the premiums to be added to the wat and staff would have to enroll customers, handle the billing and collection, etc. The other option would be to do the leak adjustment program with the Town paying the premiums with a 10% discount, but possibly having to adjust the rates to cover it and there is less flexibility. Their program does not adjustments, seeding or negligent acts. However, it would cover 100% of the increased consumption instead of our 40-50% adjustment. If we did this $150,000 range. has asked about opting in and we could either auto enroll all of our customers or allow them to Staff recommends if we eliminate adjustment program that we do auto enroll because we do not want a customer that did not auto enroll to have a leak have to pay the full bill. There is 30- 60-day period to opt out if we do auto enroll. Ms. Adams next asked about providing property owner data and the response was that names and addresses are always open to the public, but we do 8 about how much it would cost for the average customer choose, but if they chose both water and sewer, it would be approximately $24.19 a month. Council Member Liles made comments and asked leak adjustment program. Ms. Cantrell responded that it would replace our program and we would not offer both. Council Member Liles next commented that he felt it would be a lot of money for someone that may have just replaced their water line and put in new pipes. Ms. Cantrell next commented that we do not have adjustment program, we would auto- covers the customers and they handle the program. The Mayor not be taking action on this matter tonight and that before taking action at a later meeting. Under reports from Council Committees, the October 5 Clerk’s Office as a part of the permanent Mr. Peters Study has offered to market the site on the Town’s site. They submitted a proposal for a cost of approximately $15-20,000 for the Town to enter into an agreement for a three-month window. The EPA Assessment grant that we received allows us to do environmental assessments on sites redevelopment, but also covers conceptual planning and developers. We will be able to use these funds for this provide information to potential developers and we will eventually request proposals. and rank those proposals and negotiate on behalf of the Town to hopefully sec would actually construct and operate a hotel. The Committee endorsed moving forward with the 9 With regard to the expansion of FarmBurguesa, Mr. Peters commented group of Farmburguesa to initially lease the site with an option to purchase. Once they have made the and can verify the ownership, we would matter back to Council to consider entering into an agreement with them. November. With regard to the expansion of t Restaurant, a lease has also submitted to the Town Attorney for review and we hope to also bring it back to Council in November. Anne Cantrell next provided a report on the Finance Committee which met on September 16 and October 12, 2020. Ms. Cantrell next reviewed the Town Clerk’s Office as a part of the permanent record. With regard to the June 2020 Preliminary ar bring it to Council for approval in December. Ms. were much higher than anticipated and the cash for July and August were the highest she had seen since she has been Treasurer. Council Member Stovall made a motion to approve the June 2020 Preliminary Financial Report and the presented Member Mullins and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved August 2020 Financial Reports Joey Hiner next provided a report on the Public Works Committee 2020 performed on the Walnut Avenue/8th Street intersection. A grant was received that covered new striping and an LED sign for the low clearance at the trestle at Wise Avenue similar to the one on the Roanoke side coming into Town. The bike and ped accommodations project on Walnut Avenue for the connector to the Roanoke City Greenway in the th 10 sidewalk will be put on the north side and a multi- use path will be on the south side. The Glade Creek Greenway Sewer project, consisting of 550 feet of sewer line and completed at the end of October. The upgrading of the traffic signals was put on hold due to COVID- 19, but workplan. Currently work conti intersections and both projects are expected to be completed by the end of the year. Mr. Hiner next commented that the bid was put out for paving and $326,000, which was leaves approximately $70,000 that can be used for some other streets. The Town received a request from a resident for four-way stops to be placed at the intersections of Cedar and 2nd Avenue and 2nd and Cleveland Avenue. The re Committees and those Committees recommended that a traffic study be performed by a consultant to four-way stops would be reasonable. Public Works did put a double yellow line on 2nd signs and some equipment to do traffic counts. We are waiting on the consultant’s report. discussed the recent change other week that became effective on August 17th program again in six months. With rega right-of- continues to discuss the Ordinance and some items ordinance at the next meeting. Mr. Hiner next commented on the Roanoke Valley Resource Authority (RVRA) t The Authority is looking at hauling to trucking to take the waste from the Tinker Creek Transfer Station a Station to the Smith Gap Landfill. The project will involve taking up the rail and use the existing railbed 11 Works Committee met, a special meeting was held with the residents in the Bradshaw Road area with County Board of Supervisors information and answer their questions. The Mayor read prepared comments in appreciation doing during the COVID-19 Pandemic the Town during this time. Comments from Council Members: Vice Mayor McCarty made comments in appreciation of staff for continuing on and having a positive attitude; National Night Out; Council Member Mullins agreed with Vice Mayor McCarty and Council Member Liles and commented on the recent article about the flag etiquette commented on the good report on the budget even through the Pandemic. The next item on the agenda was a request to 2.2-37 amended, for discussion regarding appointments to boards and commissions and performance of the Interim Chief of Police. Council Member Mullins convene in Closed Session; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5- 0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Council went into Closed Session at 8:58 p.m. Council Member Liles reconvene in Regular Session seconded by Vice Mayor McCarty the following vote, with all members voting: Vote 5- 0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. At 9:32 and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Council Member Liles; 12 the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Certification of Closed Meeting Council Member Stovall made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. The meeting was adjourned at 9:33 p.m. Regular Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 3, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, AND ORDINANCE NO. 1016 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Anita McMillan, Planning & Zoning Director The Vinton Town Council meeting was held via Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present announced the names of staff and others present, confirmed that the meeting was Section 4- Acts of the Virginia General Assembly and that means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: December 3 – 6:30 p.m. – tree lighting following by Christmas Parade at 7:00 p.m.; December 5 – 10:00 a.m. – 2:00 p.m. - History Museum Holiday Open House and December 17 – 5-7:00 p.m. - Vinton Chamber Holiday Open House – Charles R. Hill Community Center. 2 Vice Mayor McCarty then asked Chief Drumond to tell about the Vinton’s Bearded Blue Program. Chief Drumond commented that the Police Department along with other Town Departments will be participating in the Santa Claus and the women in the department will be encouraged to put their hair to promote the holiday season from November 1st to December 31st. The next item on the agenda was a briefing on 307 South Pollard Street (060.15-07- encourage the expansion of the restaurant located Farmburguesa commented that this matter has been discussed on two occasions with the Town’s Economic reviewed the general terms of the lease agreement and that the agreement will also provide a purchase Farmburguesa. The parties have created an LLC and are anticipating in year based on the total tax assessment town and county taxes. investment goals and generate their estimated revenue, they will have an opportunity to approach the Town to purchase the bring it back to Council for their consideration. A Public Hearing will be November 17th Council meeting and Council will be asked to take action at that time. Council Member Liles expressed the location of the dumpster pad being almost adjacent to the drive- commented that they want to utilize the existing curb cut, but staff would some modifications. He would suggestion and what will actually be constructed. 3 The next item on the agenda was a briefing on the proposed Real Estate Property Lease for a portion of the vacant property located at 110 East Lee Avenue (060.16-02- expansion of the restaurant located at 106 East Lee Avenue, known as the Dogwood Restaurant. The Acting Town Manager commented this is the vacant lot that sits between the Dogwood Restaurant and Cyndi’s Fashions on Lee Avenue. The new sidewalk has already been put in that will Vinyard Station. Initially when we were getting the design in place, we had to navigate some elevation changes from the sidewalk down to Vinyard Station This provided an opportunity for some contours that we wanted to protect with the idea that Dogwood had this concept to do an outdoor patio as well. Mr. Peters next commented on the general teams of the lease and that the annual rent would be $250. expanding their interior space as well as the exterior pa There are estimating $20,000 in improvements to include a stone retaining wall, compacted material in the retaining wall with brick paver patio on top and finali building application. This will also be brought back to the November 17th meeting for a Public Hearing and Council’s consideration. The next item on the agenda was to consider adoption of an Ordinance appr authorizing the execution of a Non-Exclusive Access, LLC. The Town Attorney commented the access to public rights-of-way and public roads for the purposes of telecommunications infrastru The Master License and Cox to place small cell facilities, small antennas on town-owned poles and buildings for the purposes of providing wireless communication services. 4 A question was asked at the last meeting about the fee associated with putting antennas on town- attached to buildings. As you may recall from the last meeting, antennas attached to poles were at a $270 fee and to incentivize placing those antennas on buildings instead of poles, there was a desire to come up with a lesser fee. incorporated into this agreement and the proposed locating of antennas have to conform to the guide lines and the town will have an opportunity to review those locations to make sure they do comply. as well. would give the Town the right to limit the equipment Town Attorney responded that was correct. Council Member Liles made a motion to approve the Ordinance as presented seconded by Council Member Mullins voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Ordinance No. 1023 approving and authorizing the execution of a Non- and Pole Attachment Wireless Access, LLC. The next item on the agenda was to consider adoption of a Resolution Infrastructure Design Guidelines commented that these G any wireless providers that would want to reach an agreement with the Town. The Guidelines on Page 5, Bullet No. 3 discourage providers from putting their equipment on the ornamental pedestrian lighting downtown and encourage them to co-locate on an existing building by providing an incentive The Guidelines also address a concern about the maintenance of the wireless equipment on Page 9 service, the provider has to remove it. I removed, the Town can remove it and send a bill. 5 Vice Mayor McCarty made a motion to approve the Resolution as presented; the motion was seconded by Council Member Liles Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2385 approving the Small Cell Infrastructure Design Guidelines The Acting Town Manager commented that due to the collapse of the Norfolk Southern bridge, trash cannot be transported from the Hollins and Salem Transfer Stations to the Smith Gap Landfill. They are not sure how long the re-routing is going to take, but the Town is currently taking all of its the Salem Transfer Station to be hauled to the New River Valley. There is no impact on our citizens, but it is taking longer to get the truck emptied due to the travel distance. With regard to the Treasurer’s Office drive-thru window, soon. received news that the construction project will be delayed. The COVID- 19 Pandemic has kept people from traveling and a lot of the transportation funding is derived from fuel generating revenue which subsidizes While it is going to be delayed, they annually update their numbers and it could be that this time next year they re-analyze and we can see some rebound. The Town has hired a new Chief Mechanic, Jimmy Brown, a native of Bedford County who has moved back to the area. He most recently worked for the New York Department of Transportation. Fred Sink is retiring in November and our other mechanic left the Town in September. 2B, we received $380,000 Program to do that project. This is approximately a $460,000 project and the difference will be met with in-kind funds and cash. This will allow us to complete the within the next two years. 6 Mr. Peters next commented that last year we had partnered with Botetourt County, Roanoke County and the City of Roanoke to host the Virginia’s Blue cancelled that event. It was rescheduled for June 6, 2020 and after posting the entry it was sold out within two weeks. A total of 2,500 registered for the event and the cycling portion will come straight through downtown. Council Member Liles and Council Member Stovall construction project. Under appointment to boards/commissions/ committees, Vice Mayor McCarty made a motion to appoint Sarah Reid to the Planning Commission for a four-year term beginning November 3, 2020 and ending on November 2, 2024; the motion was seconded by Council Member Stovall by the following vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. Appointed Commission for a four-year term beginning November 2, 2024 The Mayor commented on staff, the movie night for Halloween Debbie Adams with the Vinton Messenger article concerning the water and sewer lines. Comments from Council Members: Council Member Vice Mayor McCarty reminded everyone to support our local businesses during the holiday season. The next item on the agenda was a request to convene in Closed Meeting, pursu 2.2- amended, for discussion regarding appointments to boards and commissions and performance of the Interim Chief of Police. Council Member Liles convene in Closed Session; the motion was seconded by Council Member Stovall by the following roll call voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – 7 Vice Mayor McCarty made a motion to reconvene in Regular Session seconded by Council Member Mullins by the following vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. At 8:16 and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Council Member Liles; seconded by Vice Mayor McCarty Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Certification of Closed Meeting Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None The meeting was adjourned at 8:18 p.m. Regular Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date November 17, 2020 Department Administration Issue Recognition of Safety Committee – Virginia Municipal League 2020 Local Champion Award Summary The Town has been awarded the Virginia Municipal League's 2020 Local Champion Award for "rising to meet the myriad challenges posed by the coronavirus pandemic with compassion, determination, and creativity in such a manner as to provide relief, resiliency and inspiration to your community." Attachments None Recommendations Recognize Safety Committee Town Council Agenda Summary 1 Meeting Date November 17, 2020 Department Administration Issue Consideration of public comments concerning the proposed granting of a Real Property Purchase Option and Property Lease to Farmyard LLC of certain Town property located at 307 South Pollard Street, identified as Tax Parcel Number 060.15-07-43.00 Summary The owners of the building and restaurant located at 303 South Pollard Street have expressed interest in purchasing the property located at 307 South Pollard Street for the purposes of expanding the restaurant with a physical building addition for cold and dry storage, as well as a semi-enclosed patio for exterior seating. Town staff and the owners have negotiated terms for a “Real Estate Lease with Option to Purchase” that will outline the timeline and requirements of the property improvements and identify the process for transfer of ownership. General Terms of the Lease include: • The town will provide a real estate lease agreement for one (1) year and provides for up to four (4) additional one year renewals, to provide for adequate time for the owners to meet the minimum required investment and complete construction. • The agreement also provides an Option to Purchase, to protect the property on the tenant’s behalf while site improvements are realized and prior to purchasing the property from the town. • The tenant will pay an annual rent of $250 for use of the property, which is equivalent to the total annual real estate tax assessment for the property. • The tenant will be responsible for maintaining the property and maintain adequate liability and property insurance during the term of the lease agreement, to include all site improvements. • An investment goal of $80,000 has been established to add an addition to the building, constructing an outdoor dining area, remodel the existing interior kitchen, install an enclosed dumpster pad with vehicle access, and complete associated landscaping. Town Council Agenda Summary 2 The Economic Development Committee was briefed on the project at their October 5th meeting and recommended the project to be considered by Council. Town Council was briefed on the project at their November 3rd Council meeting. Attachments Real Property Purchase Option and Property Lease Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution 1 REAL PROPERTY LEASE WITH OPTION TO PURCHASE THIS REAL PROPERTY LEASE WITH OPTION TO PURCHASE, (“Lease”) is made and entered into this ____ day of ______________, 2020, by and between Farmyard LLC, (“Company”), and the TOWN OF VINTON, VIRGINIA, (“Town”). WITNESSETH: WHEREAS, the Town is the owner of certain real property situated in the Town of Vinton, County of Roanoke, Virginia, identified as Tax Parcel Number 060.15-07-43.00; and identified as the physical address of 307 South Pollard Street; and as depicted on the attached Site Plan hereto as Exhibit A; and as depicted on Roanoke County GIS Map attached hereto as Exhibit B (the “Property”); and WHEREAS, the Property is located in a strategic location within Downtown Vinton and the Parties desire to see the Property redeveloped in a manner that enhances Vinton’s downtown area, provides future revenue generation for the Town, and adds employment opportunities for its citizens; and WHEREAS, Town agrees to provide the Company a lease of the Property with an option to purchase, so that Company may expand the Restaurant located at 305 S. Pollard Street, known as FarmBurguesa; and WHEREAS, the Company agrees to construct a building addition, construct an exterior patio that will increase customer seating capacity, construct an enclosed dumpster pad with vehicle access, and improve the Property with aesthetic landscaping. NOW THEREFORE, in consideration of the promises and mutual covenants exchanged herein, the parties agree that: ARTICLE 1. LEASE OF PROPERTY AND TERM OF LEASE Section 1.01. Agreement to Lease. In consideration of the rent to be paid and covenants to be performed by Company under this Lease, Town hereby agrees to lease the Property to Company and Company agrees to lease the Property from Town on the terms and conditions set forth in this Lease. Town acknowledges and agrees that any structures or improvements to be built on the Property are not the property of Town and shall not become the property of Town. Section 1.02. Term of Lease. The initial term of this Lease shall be for a period of one (1) year and shall commence on the date this Lease is fully executed by the Parties (“Commencement Date”). The Lease shall renew itself automatically for up to four (4) additional one (1) year terms (each a “Renewal Term”), on the same terms and conditions set forth herein unless either Party gives notice of termination of this Lease under Section 1.03. 2 Section 1.03. Termination of the Lease. Company shall have the option to terminate this Lease at any time during the Term or Renewal Term by giving at least ninety (90) days prior written notice to the Town. Company agrees that upon notice of Company’s intent to terminate the Lease, Company will remove all of Company’s equipment, furniture, and all other items of personal property, and Company will peaceably return the Property to Town to include all physical improvements made to the site unless Town agrees in writing to allow improvements to remain. The Property shall be returned to the Town in the same condition as it was on the Commencement Date, less ordinary wear and tear. The Town may only terminate the Lease for breach of the Lease by Company or abandonment of the Property by Company. Should Company breach the terms of this Lease or abandon the Property, Town shall notify Company in writing of the breach and Company shall have ten (10) business days to cure the breach or abandonment unless Town agrees in writing to provide additional time for cure. In the event the breach or abandonment is not cured within the prescribed time period, the Town may terminate the Lease immediately and Tenant shall immediately remove its equipment, furniture, and other items of personal property and vacate the Property, unless Town agrees in writing to allow improvements to remain. Nothing herein shall limit the other rights and remedies the Town may have under the terms of this Lease, at law or in equity. ARTICLE 2 RENT Company agrees to pay to Town rent in the amount of Two Hundred Fifty Dollars ($250.00) annually on the Commencement Date and each anniversary thereof as long as the Property is being leased by the Company. ARTICLE 3 USE OF PROPERTY Section 3.01. Investment. Company will directly or indirectly make a Capital Investment of not less than Eighty Thousand Dollars ($80,000.) to the Property for the purpose of constructing a building addition, remodeling of the existing interior kitchen, adding a new kitchen grill, constructing an outdoor dining area, constructing an enclosed dumpster pad with vehicle access, and all necessary and desired landscaping. Section 3.02. Approved Site Plan. The development of the Property must be undertaken pursuant to a plan presented to and approved by the Town in advance of any work, provided that such approval by the Town shall not be unreasonably withheld, conditioned, or delayed. 3 Section 3.03. Maintenance. Company shall be solely responsible for its fixtures, furnishings, equipment, and personal property owned or installed by Company. Company shall be responsible for all maintenance, repair, replacement, and damages caused by the errors, acts, omissions, negligence, or willfulness of Company, or its agents, employees, contractors, invitees, or licensees and must be done by qualified licensed contractors, plumbers, or electricians, in accordance with plans approved in advance by Town, in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Section 3.04. Security. Company shall be responsible for security at the Property. Company shall maintain the Property as securely as reasonably possible during and after operating hours. Section 3.05. Upkeep. Company will maintain and upkeep the Property, including the Property’s grounds, including, but not limited to janitorial service, trash removal, routine cleaning, mowing and trimming the lawn, snow removal, removing leaves and debris from the Property, and all other steps reasonably required to make the Property and its grounds an attractive, safe and healthy environment. Section 3.06. Utilities. Company shall be responsible for the installation, maintenance and payment of all necessary utility services, to include but not be limited to, water, sewer and electrical services. ARTICLE 4 OWNERSHIP OF IMPROVEMENTS Title to all improvements, existing or hereafter constructed on the Property by Company or sublessees of Company shall be and remain the property of Company and may be removed by Company at the termination of this Lease. Upon removing any improvements from the Property, Company shall restore the Property to the same condition as of the Commencement Date, less ordinary wear and tear. In the event that Company fails to remove any improvement located on the Property at the expiration of this Lease, then such improvement shall be and become the property of the Town. ARTICLE 5 OPTION TO PURCHASE Section 5.01. Option. In accordance with the terms and conditions herein, Town hereby unconditionally and irrevocably grants, bargains, sells, and conveys to Company, the exclusive right and option ("Option") to purchase all of the Property identified herein at the purchase price of ten dollars and 00/100 cents ($10.00). 4 Section 5.02. Term. This Option shall commence on the Effective Date, and shall continue for period of one (1) year. Section 5.03. Extension of Term. Company and Town may mutually agree in writing to extend the term of this Option for four (4) additional one (1) year periods, on the same terms and conditions as set forth herein. Section 5.04. Method of Exercising Option. Company may exercise this Option by providing written notice of its (or its assignee’s) intent to do so and executing a purchase contract with Town, subject to having met all of the obligations as outlined in Article 3 of this Lease and not otherwise being in default under the terms of the Lease at the time Company elects to exercise the option. Section 5.05. Assignment. This Option to purchase may be assigned by Company to a prospective purchaser of all or a part of the Property upon written consent of the Town, which shall not be unreasonably withheld. Section 5.06. Termination. If not exercised, this Option shall expire automatically at the end of the Option Term, unless extended by mutual agreement of the Parties. This Option may be terminated earlier if agreed to by both Parties in writing. ARTICLE 6 MISCELLANEOUS Section 6.01. Indemnification. a. Town shall not be liable for any damage or liability of any kind or for any injury to or death of any persons or damage to any property on or about the Property from any cause whatsoever. All property, equipment, and materials, etc., belonging to Company, its employees, agents, contractors, licensees, or invitees, or any occupant of the Property shall be at the risk of Company or other person only, and Town shall not be liable for damage thereto or misappropriation thereof. b. Company shall indemnify, hold harmless, and defend Town from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature, including attorneys’ fees and witness costs, which Town may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof, arising out of or in any manner connected with Company’s use or occupancy of the Property or the exercise of any of the rights herein granted, or which Town may sustain or incur in connection with any litigation, 5 investigation, or other expenditures incident thereto, due in whole or in part to any error, act, omission, or negligence of Company or any of its agents, employees, contractors, licensees, or invitees. Section 6.02. Insurance. Company shall, at all times during the term of this Lease, maintain adequate liability insurance, reserves, and funding to compensate for bodily injury, personal injury, wrongful death and property damage or other claims including defense costs and other loss adjustment expenses arising out of or related to the above indemnity provisions. At minimum, Company will carry at its sole cost and expense the following types of insurance: a. Commercial General Liability Insurance. Licensee shall maintain Commercial General Liability Insurance (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each accident/occurrence, $2,000,000 annual aggregate. CGL insurance shall be written on an approved ISO form for coverage in the Commonwealth of Virginia, and shall cover liability arising from premises, operations, independent users, products-completed operations, explosion/collapse, personal injury and liability assumed under insured contract. b. All policies of insurance shall be issued in a form acceptable to Town by insurance companies licensed to conduct business in the Commonwealth of Virginia. Each policy shall be issued in the name of Company with Town listed as an additional insured. All policies shall contain a provision that company writing the policy shall give Town at least thirty (30) days’ notice in writing in advance of any cancellation, or lapse, or the effective date of any reduction in the amounts of insurance. Failure to comply with this clause shall constitute a material breach of this Lease. c. Prior to commencement of the Lease, Company shall furnish Town with Certificates of Insurance, in a format acceptable to Town, evidencing the insurance coverage required in this section. Any acceptance of insurance certificates by Town, or failure to request same, shall not limit or relieve Company of the duties and responsibilities assumed by it under this Lease. If Company fails to procure any such insurance, Town may procure such coverage and Company shall reimburse Town for its costs. d. Company hereby waives all rights of subrogation by any insurance company issuing policies carried by Company with respect to this Lease; Company’s fixtures, furnishings, equipment, and personal property; Company’s use or occupation of the Property; or Company’s operations. Section 6.03. Notice. Any notice or communication required or permitted to be given by any provision of this Lease will be in writing and will be deemed to have been given when delivered personally, by email, or by first class mail to the Party designated below to receive such notice: 6 To: Farmyard LLC ________________________ ________________________ ________________________ ________________________ To Town: Attn: Town Manager Town of Vinton, Virginia 311 S. Pollard Street Vinton, Virginia 24179 Section 6.04. Amendments. This Lease shall not be amended or modified in any way except by an instrument signed by Owner and Town. Section 6.05. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The venue for any action taken pursuant to this Lease shall be Roanoke County, Virginia. Section 6.06. Memorandum of Lease for Recording. The Parties may execute a Memorandum of Lease and record such Memorandum of Lease in the Clerk’s Office of the Circuit Court of Roanoke County, Virginia. The Memorandum of Lease shall describe the parties, set forth a description of the Lease premises, specify the term of the Lease and incorporate this Lease by reference. Section 6.07. Entire Agreement. This Lease contains the entire agreement between the parties concerning the Property and may be changed only by a written amendment, signed by both parties. This Lease shall not be assigned by Company without the prior written approval of Town. Section 6.08. Attorney’s Fees and Costs. In the event of a breach or attempted breach of any of the provisions of this Lease by Company, Town shall be entitled to recover from Company any and all costs actually incurred in connection with enforcing the terms of this Lease, including, without limitation, its attorneys’ fees and court costs. Section 6.09. Liens. Town property, including, but not limited to, the Property, shall not be subject to liens for work done or materials used on the Property made at the request of, or on the order of, or to discharge an obligation of, Company. This paragraph shall be construed so as to prohibit in accordance with applicable Virginia law, the interest of the Town in the Property or any part thereof from being 7 subject to any lien for any improvements made by Company or any third-party on Company’s behalf (except Town) to the Property. If any lien or notice of lien on account of an alleged debt of Company or any notice of lien by a party engaged by Company or Company’s contractor or material men for work done to the Property is filed, Tenant shall, within ten (10) days after the notice of filing, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Should Company fail to do so, Town may discharge same and any amount paid by Town and all costs and expenses, including attorneys’ fees and court costs, incurred by Town in connection therewith, including interest at the statutory rate, shall constitute additional Rent and shall be paid by Company to Town on demand. Section 6.10. Taxes and Assessments. Company and/or its sublessees shall be liable for, and shall pay before delinquency, any and all taxes and assessments (real and personal) levied against (a) any personal property or trade fixtures placed by Company in or about the Property (including any increased value of the Property based upon the value of such personal property or trade fixtures), and (b) any Company improvements or alteration in the Property (whether installed and/or paid for by Town or Company). If any such taxes and assessments are levied against Town or Town’s property for property occupied/used by Company, Town may, after written notice to Company (and under proper protest if requested by Company), pay such taxes and assessments, and Company shall reimburse Town therefore within ten (10) days after demand by Town; provided, however, Company, at its sole cost and expense shall have the right, to bring suit in any court of competent jurisdiction to recover the amount of such taxes and assessments so paid under protest. Section 6.11. Town’s Certification of Ownership. By executing this Lease, Town acknowledges that (i) Town has the full power and authority to enter into and perform its obligations under this Lease and (ii) Town holds fee simple title to the Property and is the sole owner of the Property. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above: TOWN OF VINTON, VIRGINIA FARMYARD LLC By: _________________________________ By: __________________________________ Richard W. Peters, Jr. Title: ________________________________ Title: _________________________________ APPROVED AS TO FORM: _____________________________________ Town Attorney 9/ 2 1 / 2 0 2 0 Exhibit A Exhibit B RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 17, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, Farmyard LLC has requested to lease with an option to purchase certain Town property located at 307 South Pollard Street, identified as Tax Parcel Number 060.15-07-43.00 in the Town of Vinton, Virginia for the purpose of expanding the Restaurant located at 305 South Pollard Street, known as FarmBurguesa; and WHEREAS, during the negotiations and discussions between the Town staff, representatives of Farmyard LLC and the Town Attorney, a proposal was negotiated to lease with an option to purchase said property for the terms and conditions set forth in a Real Property Purchase Option and Property Lease; and WHEREAS, Town staff recommends that said Real Property Purchase Option and Property Lease between the Town and Farmyard LLC be executed to formalize said agreement between the parties. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Real Property Purchase Option and Property Lease is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Acting Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Real Property Purchase Option and Property Lease and any other necessary documents in furtherance of the same. This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: _________________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date November 17, 2020 Department Administration Issue Consideration of public comments concerning the proposed granting of a Lease to D W Restaurant, Inc. of certain Town property located at 110 East Lee Avenue, identified as Tax Parcel Number 060.16-02-15.00 Summary The owners of the building and restaurant located at 106 East Lee Avenue have expressed interest in leasing a portion of the property located at 110 East Lee Avenue for the purposes of expanding the restaurant with a patio for exterior seating. Town staff and the owners have negotiated terms for a “Lease of Real Property” that will outline the terms of the agreement. General Terms of the Lease include: • The town will provide a real estate lease agreement for one (1) year and provides for up to four (4) additional one year renewals. • The tenant will pay an annual rent of $250 for use of the property, which is equivalent to the total annual real estate tax assessment for the property. • The tenant will be responsible for maintaining their identified portion of the property as described within the agreement and maintain adequate liability and property insurance during the term of the lease agreement, to include all site improvements. • An investment goal of $20,000 has been established to construct an outdoor dining area and complete associated landscaping. The Economic Development Committee was briefed on the project at their October 5th meeting and recommended the project to be considered by Council. Town Council was briefed on the project at their November 3rd Council meeting. Attachments Lease of Real Property Resolution Agenda Summary 2 Recommendations Conduct Public Hearing Motion to adopt Resolution 1 LEASE OF REAL PROPERTY THIS LEASE OF REAL PROPERTY (“Lease”) is entered into this______ day of _______________, 2020, by and between the Town of Vinton, (“Town”), a municipality of the Commonwealth of Virginia, and the D W Restaurant, Inc. (“Tenant”), a Virginia non-stock corporation. RECITALS WHEREAS, Tenant requests to lease a portion of Town property located at 110 E. Lee Avenue in the Town of Vinton; identified as Tax Parcel Number 060.16-02-15.00; and as depicted on the attached Site Plan hereto as Exhibit A, as depicted on the attached Building Elevation Detail hereto as Exhibit B and as depicted on Roanoke County GIS Map attached hereto as Exhibit C (the “Property”); and WHEREAS, the Property is located in a strategic location within Downtown Vinton and the Parties desire to see the Property redeveloped in a manner that enhances Vinton’s downtown area, provides future revenue generation for the Town, and adds employment opportunities for its citizens; and WHEREAS, Town agrees to Lease a portion of the Property, so that Tenant may expand the Restaurant located at 106 East Lee Avenue, known as the Dogwood Restaurant; and WHEREAS, the Tenant agrees to construct an exterior patio that will increase customer seating capacity and improve the Property with aesthetic landscaping. NOW THEREFORE, for and in consideration of the terms, conditions, covenants, mutual benefits and agreements recited herein, Town and Tenant agree to the following: 1. LEASE Town hereby leases to Tenant and Tenant hereby leases from Town the Property, as defined herein, exclusively for an outdoor dining area. 2. PROPERTY; POSSESSION AND USE OF PROPERTY a. Town makes no representations or warranties as to the condition of the Property. Tenant must make its own determination as to whether the Property is suitable for its purposes. Town specifically disclaims any warranty that the Property is fit for the particular use or purpose that the Tenant proposes. Subject to the Town’s express obligations under this Lease, Tenant’s entry into the possession of the Property shall constitute conclusive evidence that the Property is in good and satisfactory condition. Town shall not, under any circumstances, be liable for indirect, consequential or incidental damages to Tenant. 2 b. Tenant shall, in all cases and at all times, use the Property, and cause the Property to be used by Tenant’s agents, employees, contractors, invitees and licensees, in conformance with all applicable laws, ordinances, orders, rules, and regulations. c. Subject to the limitations contained in this Lease, Town shall deliver quiet possession of the Property to Tenant on the Commencement Date and, subject to Tenant’s compliance with the terms of this Lease, shall provide quiet enjoyment of the Property to Tenant during the Term and any Renewal Term. 3. TENANT RESPONSIBILITIES a. Tenant will directly or indirectly make a Capital Investment of not less than $20,000 to a portion of the Property for the purpose of constructing an outdoor dining area and all necessary and desired landscaping that lies to the West of the sidewalk that bisects the Property, as outlined in Exhibit A and B. b. Tenant will be responsible for all Property maintenance and repairs not expressly assigned to Town in the foregoing section. Tenant shall be solely responsible for its fixtures, furnishings, equipment, and personal property owned or installed by Tenant. Tenant shall be responsible for all maintenance, repair, replacement, and damages caused by the errors, acts, omissions, negligence, or willfulness of Tenant, or its agents, employees, contractors, invitees, or licensees. c. Tenant shall, at its own risk and expense, maintain the Property in good repair and in the condition it was when Tenant first occupied the Property, less ordinary wear and tear. All maintenance, repairs, and replacements made by Tenant shall be approved in advance by Town and shall be at least equal in class and quality to the original equipment and workmanship. Any maintenance, repairs and replacements made by Tenant at its expense must be done by qualified licensed contractors, plumbers, or electricians pre-approved by Town, in accordance with plans approved in advance by Town, in a good and workmanlike manner, and in accordance with all applicable laws and regulations. d. Tenant shall be responsible for security at the Property. Tenant shall maintain the Property as securely as reasonably possible during and after operating hours. e. Tenant will maintain and upkeep the Property, including the Property’s grounds, including, but not limited to janitorial service, trash removal, routine cleaning of the building, mowing and trimming the lawn, snow removal, removing leaves and debris from the Property, and all other steps reasonably required to make the Property and its grounds an attractive, safe and healthy environment. 4. RENT Tenant shall pay rent annually in the amount of $250.00 (“Rent”). Rent shall be paid upon commencement of the lease term period and annually thereafter on or before the anniversary of the lease term. 3 5. TAXES AND ASSESSMENTS Tenant and/or its subtenants shall be liable for, and shall pay before delinquency, any and all taxes and assessments (real and personal) levied against (a) any personal property or trade fixtures placed by Tenant in or about the Property (including any increased value of the Property based upon the value of such personal property or trade fixtures), and (b) any Tenant improvements or alteration in the Property (whether installed and/or paid for by Town or Tenant). If any such taxes and assessments are levied against Town or Town’s property for property occupied/used by Tenant, Town may, after written notice to Tenant (and under proper protest if requested by Tenant), pay such taxes and assessments, and Tenant shall reimburse Town therefore within ten (10) days after demand by Town; provided, however, Tenant, at its sole cost and expense shall have the right, to bring suit in any court of competent jurisdiction to recover the amount of such taxes and assessments so paid under protest. 6. TERM The initial term of this Lease shall be for a period of one (1) year and shall commence on the date this Agreement is fully executed by the Parties (“Commencement Date”). 7. OPTION TO EXTEND TERM If Tenant is not then in default under any of the terms or conditions of this Lease beyond applicable notice and cure periods, then Tenant and Town may mutually agree in writing to extend the term of this Option for four (4) additional one (1) year periods, on the same terms and conditions as set forth herein. 8. TERMINATION OF LEASE Tenant and Town shall have the option to terminate this Lease at any time during the Term or Renewal Term by giving the other at least ninety (90) days prior written notice. Tenant agrees that at termination of the Lease, Tenant will remove all of Tenant’s equipment, furniture, and all other items of personal property, and Tenant will peaceably return the Property to Town to include all physical improvements made to the site. Notwithstanding the foregoing, should Tenant breach the terms of this Lease, Town shall notify Tenant in writing of the breach and Tenant shall have five (5) business days to cure the breach unless Town agrees in writing to provide additional time for cure. In the event the breach is not cured within the prescribed time period, Tenant shall immediately remove its equipment, furniture, and other items of personal property and vacate the Property. 9. NOTICES All written notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be deemed delivered upon 4 personal delivery, delivery by email or facsimile, or five (5) business days after deposit in the United States Mail, postage prepaid, return receipt requested. TO: Town TO: Tenant Town Manager ______________________________ Town of Vinton ______________________________ 311 South Pollard Street ______________________________ Vinton, VA 24179 ______________________________ 10. DAMAGE TO OR DESTRUCTION TO PROPERTY OR IMPROVEMENTS In the event of damage to or destruction of Town property or Town installed improvements, equipment, or fixtures located within the Property or in the event Tenant installed improvements, equipment or fixtures that are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall, within thirty (30) days, commence and diligently pursue to complete the repair, replacement, or reconstruction of improvements to the same side and floor areas that existed immediately prior to the event causing the damage or destruction as necessary to permit full use and occupancy of the Property for the purposes required by the Lease. Repair, replacement, or reconstruction of the Property shall be accomplished in a manner and according to plans approved by the Town Manager and in accordance with any laws or regulations set forth by the Town or Roanoke County. 11. HAZARDOUS SUBSTANCES Tenant shall not use or permit the use of the Property for the generation, storage, treatment, use, transportation, handling, or disposing of any chemical, material, or substance, which is regulated as toxic or hazardous or exposure to which is prohibited, limited, or regulated by any governmental authority, or which, even if not so regulated, may or could pose a hazard to the health or safety of persons on the Property or other tenants or occupants of the building in which the Property is located, and no such chemical, material, or substance shall be brought onto the Property without the Town’s express written consent. Tenant agrees that it will at all times observe and abide by all laws and regulations relating to the handling of such materials and will promptly notify Town of (a) the receipt of any warning notice, notice of violation, or complaint received from any governmental agency or third party relating to environmental compliance and (b) any release of hazardous materials in or on the Property and/or building. Tenant shall in accordance with all applicable laws, carry out, at its sole cost and expense, any remediation required as a result of the release of any hazardous substance by Tenant or by Tenant’s agents, employees, contractors, licensees, or invitees, from the Property. Notwithstanding the foregoing, Tenant shall have the right to bring on the Property reasonable amounts of cleaning materials and the like necessary for the operation of Tenant’s business, but Tenant’s liability with respect to such materials shall be as set forth in this section. 5 12. TOWN LIABILITY/INDEMNIFICATION a) Town shall not be liable for any damage or liability of any kind or for any injury to or death of any persons or damage to any property on or about the Property from any cause whatsoever. All property, equipment, and materials, etc., belonging to Tenant, its employees, agents, contractors, licensees, or invitees, or any occupant of the Property shall be at the risk of Tenant or other person only, and Town shall not be liable for damage thereto or misappropriation thereof. b) Tenant shall indemnify, hold harmless, and defend Town from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature, including attorneys’ fees and witness costs, which Town may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof, arising out of or in any manner connected with Tenant’s use or occupancy of the Property or the exercise of any of the rights herein granted, or which Town may sustain or incur in connection with any litigation, investigation, or other expenditures incident thereto, due in whole or in part to any error, act, omission, or negligence of Tenant or any of its agents, employees, contractors, licensees, or invitees. 13. INSURANCE Tenant shall, at all times during the term of this Lease, maintain adequate liability insurance, reserves, and funding to compensate for bodily injury, personal injury, wrongful death and property damage or other claims including defense costs and other loss adjustment expenses arising out of or related to the above indemnity provisions. At minimum, Tenant will carry at its sole cost and expense the following types of insurance: a. Commercial General Liability Insurance. Licensee shall maintain Commercial General Liability Insurance (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each accident/occurrence, $2,000,000 annual aggregate. CGL insurance shall be written on an approved ISO form for coverage in the Commonwealth of Virginia, and shall cover liability arising from premises, operations, independent users, products-completed operations, explosion/collapse, personal injury and liability assumed under insured contract. b. All policies of insurance shall be issued in a form acceptable to Town by insurance companies licensed to conduct business in the Commonwealth of Virginia. Each policy shall be issued in the name of Tenant with Town listed as an additional insured. All policies shall contain a provision that company writing the policy shall give Town at least thirty (30) days’ notice in writing in advance of any cancellation, or lapse, or the effective date of any reduction in the amounts of insurance. Failure to comply with this clause shall constitute a material breach of this Lease. c. Prior to commencement of the Lease, Tenant shall furnish Town with Certificates of Insurance, in a format acceptable to Town, evidencing the insurance coverage required in this section. Any acceptance of insurance certificates by Town, or 6 failure to request same, shall not limit or relieve Tenant of the duties and responsibilities assumed by it under this Lease. If Tenant fails to procure any such insurance, Town may procure such coverage and Tenant shall reimburse Town for its costs. d. Tenant hereby waives all rights of subrogation by any insurance company issuing policies carried by Tenant with respect to this Lease; Tenant’s fixtures, furnishings, equipment, and personal property; Tenant’s use or occupation of the Property; or Tenant’s operations. 14. LIENS Town Property, including, but not limited to, the Property shall not be subject to liens for work done or materials used on the Property made at the request of, or on the order of, or to discharge an obligation of, Tenant. This paragraph shall be construed so as to prohibit in accordance with applicable Virginia law, the interest of the Town in the Property or any part thereof from being subject to any lien for any improvements made by Tenant or any third-party on Tenant’s behalf (except Town) to the Property. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of lien by a party engaged by Tenant or Tenant’s contractor or material men for work done to the Property is filed, Tenant shall, within ten (10) days after the notice of filing, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Should Tenant fail to do so, Town may discharge same and any amount paid by Town and all costs and expenses, including attorneys’ fees and court costs, incurred by Town in connection therewith, including interest at the statutory rate, shall constitute additional Rent and shall be paid by Tenant to Town on demand. 15. REPRESENTATIONS AND WARRANTIES Tenant represents and warrants to Town that as of the date hereof as follows: a. The execution and delivery by Tenant of this Lease, and the performance by Tenant of its obligations hereunder, will not contravene any law, rule or regulation of any state or of the United States or any political subdivision thereof or therein, or any order, writ, judgment, injunction, decree, determination or award currently in effect, which, singly or in the aggregate, would have a material adverse effect on Tenant. b. Tenant is a Virginia corporation validly existing and in good standing under the laws of the Commonwealth of Virginia, is authorized to transact business in Virginia, and has all requisite power and authority to operate and lease the Property. c. Tenant has the requisite power and authority to have this Lease executed and delivered and to consummate the transactions contemplated hereby. The execution and delivery of this Lease and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of Tenant and do not and will not violate the provisions of its articles of incorporation 7 or bylaws. This Lease has been duly and validly authorized, executed and delivered by Tenant and constitutes the legal, valid and binding obligation of Tenant, enforceable against it in accordance with its terms. 16. ATTORNEYS’ FEES AND COSTS In the event of a breach or attempted breach of any of the provisions of this Lease by Tenant, Town shall be entitled to recover from Tenant any and all costs actually incurred in connection with enforcing the terms of this Lease, including, without limitation, its attorneys’ fees and court costs. 17. INTERPRETATION No provision of this Lease shall be construed in favor of, or against, any particular Party by reason of any presumption with respect to the drafting of this Lease; both Parties, having fully participated in the negotiation of this instrument, hereby agree that this Lease shall not be subject to the principle that a contract would be construed against the Party which drafted the same. 18. COMPLIANCE WITH APPLICABLE LAWS The Parties agree that, in the performance of this Lease, they will comply with all applicable laws, statutes, rules, regulations, or orders of the United States government or of any state or political subdivision. 19. HEADINGS The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 20. FAILURE TO ENFORCE NOT A WAIVER A failure by either Party to pursue or enforce any remedy or right available under the terms and conditions of the Lease, any statute, or common law shall not be interpreted as a waiver of that Party’s right to pursue or enforce such an available remedy or right at a later date. Waiver by one Party of a breach by the other Party of any of the terms and conditions of this Lease shall not be construed as a waiver of any other past, present or future breach. 21. SEVERABILITY If any provision of this Lease, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Lease shall not be affected and all other terms and conditions of the Lease shall be valid and enforceable to the fullest extent permitted by law. 8 22. APPLICABLE LAW The laws of the Commonwealth of Virginia shall govern the interpretation, validity, performance and enforcement of this Lease. The Parties choose the state or federal court of appropriate jurisdiction in the County of Roanoke, Virginia as the venue for any action initiated related to this Lease. 23. ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties with respect to the subject matter thereof. No alteration, amendment, change, or addition to this Lease shall be binding upon the Town or Tenant unless reduced in writing, signed, and mutually delivered between them. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above. TOWN OF VINTON, VIRGINIA D W RESTAURANT, INC. By: _________________________________ By: ________________________________ Richard W. 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" T " & T ! & T "   T "        T %  1   3 T                                                                                             $P R T " ? C 7 T  N S T  T '4 L O E < T 2 T   T *: F > Q B M J ; T G     T 9=A > K 6  @ H 5 D  8 I T      3    6 "  @     @ # 8 & : @     @        ([KLELW $ 9/ 1 7 / 2 0 ([KLELW% 9/ 1 7 / 2 0 Exhibit C RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 17, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, D W Restaurant, Inc. has requested to lease a portion of certain Town property located at 110 East Lee Avenue, identified as Tax Parcel Number 060.16-02-15.0 in the Town of Vinton, Virginia for the purpose of expanding the Restaurant located at 106 East Lee Avenue, known as the Dogwood Restaurant; and WHEREAS, during the negotiations and discussions between the Town staff, representatives of D W Restaurant, Inc. and the Town Attorney, a proposal was negotiated to lease a portion of said property for the terms and conditions set forth in a Lease of Real Property; and WHEREAS, Town staff recommends that said Lease of Real Property between the Town and D W Restaurant, Inc. be executed to formalize said agreement between the parties. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Lease of Real Property is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Acting Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Lease of Real Property and any other necessary documents in furtherance of the same. This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: _________________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date November 17, 2020 Department Planning and Zoning Issue Briefing on the Petition of Giacomo Montuori, for a Special Use Permit (SUP) for a proposed commercial indoor amusement use, located at 700 Hardy Road, Vinton, Virginia, tax map number 060.20-05-64.00-0000, zoned GB General Business District. Summary Historically, the vacant building had previously been used as a dry-cleaning establishment. In 2016, site plans for the property were approved for a drive-thru facility that would serve the proposed conversion of the vacant building (700 Hardy Road) into an ice-cream and coffee shop. Since the previous approval of this site plan, the New York Pizza restaurant is now intending to incorporate a new use into this existing structure that would include a family-friendly arcade. In the Vinton Zoning Ordinance, an arcade use falls under the classification of a “commercial indoor amusement use.” In addition to this use requiring a special use permit from the Vinton Town Council, per the Roanoke County/Town of Vinton Building Commissioner, a change-of-use would be required in order to meet the requirements of the Virginia Uniform Statewide Building Code. The Planning Commission public hearing is to be held on Thursday, November 19, 2020, and the Town Council public hearing is scheduled to be held on Tuesday, December 1, 2020. Attachments Staff Report Recommendations No Action Required Town Council Agenda Summary STAFF REPORT PETITIONER: Giacomo Montuori PREPARED BY: Nathaniel McClung CASE NUMBER: 20-001 DATE: November 6, 2020 Application Information Request: Special Use Permit: Commercial Indoor Amusement Use (Arcade) Owner: T & J Investments of Roanoke Inc. Applicant: Giacomo Montuori - Authorized Agent Site Address/Location: 700 Hardy Road Tax Parcel ID #: 060.20-05-64.00-0000 Lot Area: 0.62 AC (27,007 sq. ft.) Zoning: GB General Business Existing Land Use: Currently vacant; previous use was a dry-cleaning establishment Proposed Land Use: Arcade use and an ice-cream and coffee shop within the same space. Specified Future Land Use: General Commercial A. NATURE OF REQUEST Mr. Giacomo Montuori, an authorized agent for T & J Investments of Roanoke, Inc., requests a special use permit (SUP) for a proposed commercial indoor amusement use, which is a use permitted by SUP, in the GB General Business district, subject to the approval of the town council. In conjunction with the amusement use, the space will also be used for an ice-cream and coffee shop. B. APPLICABLE REGULATIONS Article IV, District Regulations, of Appendix B, Zoning, of the Town Code Division 6, GB General Business District The intent of the GB general business district is to accommodate a wide range of retail and service uses which serve the community as a whole or cater to the traveling public. The district is intended to be applied along primary traffic routes and to areas having direct access to such routes, in order to provide safe and efficient access while avoiding the routing of traffic onto minor streets or through residential areas. The district regulations are designed to afford flexibility in permitted uses of individual sites in order to promote business opportunities, economic development and the provision of services. The district regulations are also designed to provide for harmonious development and compatibility with adjacent residential areas. § 4-34 (b), Special Uses. The following uses and structures are permitted in the GB general business district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Commercial indoor amusement uses, including game rooms, billiard and pool halls, and video arcades. Establishments which provide multiple coin operated amusement or entertainment devices or machines, which would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. C. ANALYSIS OF EXISTING CONDITIONS Background – Historically, the vacant building had previously been used as a dry-cleaning establishment. In 2016, site plans for 700 and 708 Hardy Road were approved for a drive-thru facility that would serve the proposed conversion of the vacant building (700 Hardy Road) into an ice-cream and coffee shop. The site plan was officially approved on September 16, 2016, and approved site plans are valid for up to five (5) years from the date of approval. Since the previous approval of this site plan, which was exclusively for the drive-thru and ice-cream/coffee shop, the New York Pizza restaurant, represented by Mr. Giacomo Montuori, is now intending to incorporate a new use into this existing structure that would include a family-friendly arcade. In the Vinton Zoning Ordinance, an arcade use falls under the classification of a “commercial indoor amusement use.” The Ordinance definition for this use states that it is “a building, [or] portion of a building or area outside of a building, where four or more video game machines, pinball machines, pool or billiard tables or other similar player-operated amusement devices or any combination of four or more such devices are maintained for use by the public.” In addition to this use requiring a special use permit from the Vinton Town Council, per the Roanoke County/Town of Vinton Building Commissioner, Morgan Yates, a change-of-use would be required in order to meet the requirements of the Virginia Uniform Statewide Building Code. Specifically, in terms of intended uses, it will need to go through the change-of-use process to allow for a mixed classification for both the A-2 group (coffee shop/ice-cream shop) and A-3 group (amusement/arcade use). The building will need to be reviewed by a Registered Design Professional (RDP) to ensure it meets the requirements for each of these use types and approved by the Roanoke County/ Town of Vinton Building Commissioner. Location – 700 Hardy Road, Lot A, Line Adj. for T & J Inv. & Montuori. Topography/Vegetation – The existing structure is located on a level lot that is comprised mostly of impervious surfaces. Adjacent Zoning and Land Uses – The land uses within the vicinity of the subject property are summarized below. Direction from Property Zoning District Land Use D. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The current property comprises of a vacant building and parking areas that are utilized for the restaurant located at 708 Hardy Road. The structure was constructed in approximately 1972, and has an estimated finished floor area of 3,200 square feet. It is a commercial style building with a façade/roof that are comprised of similar materials and match the architectural style of the existing restaurant structure to the east. Site Access – The parcel can currently be accessed via three (3) commercial entrances that accommodate for both ingress and egress. The parcel’s existing parking lot is contiguous with other parking areas to the east and extends to another restaurant establishment (Burger King) on a neighboring property which has an entrance that is controlled by a traffic light. Utilities – Public water and sewer services are available for the existing structure. E. COMPREHENSIVE PLAN/FUTURE LAND USE The 2004 – 2024 Town Comprehensive Plan designates this property and the surrounding properties as a General Commercial land use area. F. STAFF CONCLUSION The proposed use, as indicated in the special use permit application, is consistent with the general characteristics of the Hardy Road corridor and the intent of the GB General Business District. Staff would like to state that, with a special use permit request, the Planning Commission and Town Council are given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance. Meeting Date November 17, 2020 Department Council Issue Consider adoption of a Resolution approving a new Residency Policy for the Town Manager, Town Treasurer and Chief of Police. Summary On June 7, 2016 Council adopted a Residency Policy by Resolution No. 2151, which Policy stated that the Town Manager, Town Treasurer, Chief of Police and Fire Chief shall reside within the town’s utility service area which includes the incorporated town as well as part of the unincorporated section of Roanoke County within 12 months of date of hire. Council now desires to amend said Residency Policy to remove the Fire Chief and leave the residency requirement for the Town Manager, Town Treasurer and Chief of Police at Council’s discretion to be defined as part of their respective employment agreements. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 17, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, on June 7, 2016 Council adopted a Residency Policy by Resolution No. 2151, which Policy stated that the Town Manager, Town Treasurer, Chief of Police and Fire Chief shall reside within the town’s utility service area which includes the incorporated town as well as part of the unincorporated section of Roanoke County within 12 months of date of hire; and WHEREAS, Council now desires to amend said Residency Policy to remove the Fire Chief and leave the residence requirement to Council’s discretion. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following residency policy: The residency requirement for the Town Manager, Town Treasurer and Chief of Police shall be at the discretion of Vinton Town Council and shall be defined in their respective employment agreements. 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: _______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date November 17, 2020 Department Administration Issue Update on the expansion of Rosie’s Gaming Emporium Summary Ernie Dellaverson, General Manager, will update Council on the upcoming expansion of Rosie’s Gaming Emporium. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date November 17, 2020 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on November 10, 2020 and the following items were discussed at the meeting: • Auditor’s Report • September 2020 Financial Statements • 599 Funds Budget Resolution • Insurance Proceeds Budget Resolution • DUI Taskforce Grant Budget Resolution • DMV Overtime Grant Budget Resolution • BVP Grant Budget Resolution • VPD Office Furniture Budget Resolution • Frozen Position Discussion • FY22 Budget Calendar Attachments September 2020 Financial Report Summary Recommendations Motion to approve September 2020 Financial Report Town Council Agenda Summary Financial Report Summary September 30, 2020 Budget Budget Posted Posted Balance YTD General Fund 200 Revenues 7,168,550 1,133,568 742,124 1,261,579 128,010 111% Expenditures 7,168,550 1,721,177 456,080 1,522,824 (198,353) 88% Revenues over/(under) Expenditures (587,608) 286,044 (261,245) Grant Fund 250 Revenues 4,000 3,533,052 18,918 64,633 (3,468,419) 2% Expenditures 4,000 3,533,052 101,294 210,477 (3,322,575) 6% Revenues over/(under) Expenditures - (82,376) (145,844) Utility Fund 300 Revenues 3,826,500 799,350 140,622 910,767 111,416 114% Expenditures 3,826,500 1,142,600 297,208 874,902 (267,698) 77% Revenues over/(under) Expenditures (343,250) (156,586) 35,864 Capital Fund 400 Revenues 175,000 43,733 14,583 43,750 17 100% Expenditures 175,000 43,750 - - (43,750) 0% Revenues over/(under) Expenditures (18) 14,583 43,750 Stormwater Fund 600 Revenues 499,477 124,819 41,623 124,869 50 100% Expenditures 499,477 113,311 39,080 98,657 (14,654) 87% Revenues over/(under) Expenditures 11,508 2,543 26,212 Total All Funds Revenues 11,673,527 5,634,522 957,870 2,405,598 (3,228,925) 43% Expenditures 11,673,527 6,553,890 893,663 2,706,860 (3,847,030) 41% Revenues over/(under) Expenditures (919,368) 64,207 (301,262) Meeting Date November 17, 2020 Department Council Issue Appointments to Boards/Commissions/Committees 1. Roanoke Valley Resource Authority Summary Roanoke Valley Resource Authority Council desires to appoint Richard W. Peters, Jr., Acting Town Manager, to complete the unexpired term of Joey Hiner on the Roanoke Valley Resource Authority, said term to end on December 31, 2023. Attachments None Recommendations Motion to appoint Richard W. Peters, Jr. for a unexpired term beginning November 17, 2020 and ending December 31, 2023 Town Council Agenda Summary