HomeMy WebLinkAbout10/17/2023 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, October 17, 2023
AGENDA
Consideration of:
A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND
CITIZEN GUIDELINES
B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG
C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES
D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
E. CONSENT AGENDA
1. Consider approval of the minutes of the Regular Meeting of October 3, 2023
F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. United Way Roanoke Valley Centennial Proclamation
2. Introduction and Swearing In – Chief Drummond
G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
H. BRIEFINGS
1. First Quarter Police Department Report – Chief Drummond
I. PUBLIC HEARINGS
1. Consideration of public comments concerning the proposed granting of a lease to
The Vinton Historical Society for property located at 210 East Jackson Avenue
(Vinton History Museum).
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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a. Open Public Hearing
• Report from Staff – Chasity Barbour
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Consider adoption of a Resolution authorizing the Town Manager to execute
a lease to The Vinton Historical Society for property located at 210 East
Jackson Avenue (Vinton History Museum).
J. ITEMS REQUIRING ACTION
1. Consideration of a Resolution authorizing the Town Manager to execute a
Performance Agreement with Tacorita Inc. and the Town of Vinton to redevelop the
former Red Jasmine building into the Tacorita Tacos & Tequila Bar restaurant. –
Marshall Stanley
2. Consider adoption of a Resolution authorizing the Town Manager to execute a
Contract with TRC Companies, Inc. for Environmental Consulting Services to assist with
the administration of the $500,000 Community-wide Brownfields Assessment Grant from
the U.S. Environmental Protection Agency (EPA). – Nathan McClung
K. TOWN ATTORNEY
L. TOWN MANAGER’S PROJECT UPDATES/COMMENTS
M. REPORTS FROM COMMITTEES
1. Finance Committee – Andrew Keen
a. Consider approval of Financial Statements for July 30, 2023 and August 31,
2023.
2. Community Development Committee – Nathan McClung
N. COUNCIL
O. MAYOR
P. CLOSED SESSION
1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950
Code of Virginia, as amended, for discussion of the annual performance of the Town
Manager.
2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950
Code of Virginia, as amended, for discussion of the appointing of the Town Treasurer
effective November 1st, 2023.
Q. OTHER ITEMS REQUIRING ACTION
R. ADJOURNMENT
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NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
November 7, 2023 – Canceled – Regular Council Meeting – Council Chambers
November 13, 2023 – 3:00 p.m. – Finance Committee Meeting – TOV Annex
November 15, 2023 – 9:00 a.m. – Public Works Committee Meeting – TOV Public Works
November 21, 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
October 17, 2023
Department
Town Clerk
Issue
Consider approval of the minutes of the Regular Meeting of October 3, 2023
Attachments
October 3, 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, OCTOBER 3, 2023, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Michael W. Stovall, Vice Mayor
Keith N. Liles
Sabrina McCarty
Laurie J. Mullins
STAFF PRESENT: Cody Sexton, Deputy Town Manager/Treasurer
Julie Tucei, Planning Coordinator
Andrew Keen, Finance Director
Jeremy Carroll, Town Attorney
Fabricio Drumond, Police Chief
Chasity Barbour, Community Programs Director
The Mayor called the meeting to order at 6:12
p.m. The Planning Coordinator called the role with
Mayor Grose present.
After a Moment of Silence, Council Member
Liles led the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events/
announcements, and Council Activities, Council
Member McCarty announced the following: October
7 – Fall Festival
Farmers Market and October 7 –
Market from 7 to 10 p.m. at the Farmers Market.
There will be a parade of trees at the War Memorial
this year closer to the holidays.
Council Member McCarty encouraged everyone to
social media and website for more information.
Council Member Mullins announced the following:
September 27 –
Dogwood Committee President to review changes
to the 2024 Festival.
Council Member Mullins made a motion to
approve the Consent Agenda as presented; the
motion was seconded by Council Member Liles and
voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins,
Stovall, Grose; Nays (0) – None.
September 19, 2023
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Under briefings, Ms. Barbour gave a briefing on
the updated Vinton History Museum lease that will
have a public hearing on October 17, 2023, which
will be advertised on October 6, 2023, in the Vinton
Messenger. The lease updates include
providing utilities and ground maintenance for the
Museum. The lease will also include four, one-year
lease renewals.
The next item on the agenda was the
Consideration of public comments concerning the
proposed amendment to the Town of Vinton’s FY
2023-2024 budget to appropriate funding for several
$1,833,750.00 in the Capital Fund.
Mayor Grose opened the Public Hearing at 6:21
p.m.
Mr. Sexton commented
funded in previous years, but they have not been
started and/or completed, so the funding would be
reappropriated in the curr
these projects. He commented that these projects,
once complete, will have a major impact throughout
Town’s capital reserves, allowing more projects to
be funded in the future.
Hearing no comments, the Mayor closed the Public
Hearing at 6:22 p.m.
Vice Mayor Stovall made a motion to approve
the Resolution amending the Town of Vinton’s FY
2023-
M
economic development incentives, and community
blight abatement and acquisition in the total amount
of $1,833,750.00 in the Capital Fund
was seconded by Council Member McCarty and
members voting: Vote 5-0; Yeas (5) – Liles,
McCarty, Mullins, Stovall, Grose; Nays (0) – None.
Public Hearing Opened
Public Hearing Closed
Approval of Resolution No. 2565 amending the
Town of Vinton’s FY 2023-
improvement projects, including Mountain View
abatement and acquisition in the total amount of
$1,833,750.00 in the Capital Fund
The next item on the agenda was the
Consideration of public comments concerning the
proposed granting of a Real Estate Property Lease
to ANBAJA Enterprises, Inc. (Twin Creeks Brewing
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located to the rear of 109 and 111 South Pollard
Street.
Mayor Grose opened the Public Hearing at 6:26
p.m.
Mr. Sexton commented that due to Twin Creek's
construction of the
there is space between the building and the outdoor
Virginia's laws, the brewery is leasin
between the outdoor section and the building in
order to have contiguous control of the space.
Hearing no comments, the Mayor closed the Public
Hearing at 6:27 p.m.
Council Member Liles made a motion to approve
a
Enterprises, Inc. (Twin Creeks Brewing Company)
for a portion of a 10” wide public alley located to the
rear of 109 and 111 South Pollard Street; the motion
was seconded by Council Member Mullins and
carried by the fol
members voting: Vote 5-0; Yeas (5) – Liles,
McCarty, Mullins, Stovall, Grose; Nays (0) – None.
Public Hearing Opened
Public Hearing Closed
Approval of Resolution No. 2566 of a Real Estate
(Twin Creeks Brewing Company) for a portion of
a 10” wide public alley located to the rear of 109
and 111 South Pollard Street.
Under items requiring action under the agenda
there was a motion to consider adoption of a
Resolution
Vinton Police Department and a position within the
Vinton Public Works Department that were
previously frozen as part of the FY 2023-2024
Adopted Budget.
Mr. Sexton commented that these
previously frozen when the FY 2023-2024 budget
uncertain at the time. As a part of that, the Town
has arisen for the positions to be reauthorized, the
Town is seeking a motion of approval.
Council Member Mullins
approve the Resolution
within the Vinton Police Department and a position
were previously frozen as part of the FY 2023-2024
Adopted Budget
Council Member McCarty
following roll call vote, with all members voting: Vote
5-0; Yeas (5) –
Approval of adoption of Resolution No. 2567 to
Public Works Department that were previously
frozen as part of the FY 2023-20
Budget.
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Under items requiring action under the agenda,
there was a motion to consider adoption of a
Resolution
donation to support exterior fencing for the Boys and
Girls Club playground. Prior to any discussion or
vote, Vice Mayor Stovall recused himself from this
efforts for the playground.
Mr. Sexton commented that the Town received a
supporting the exterior fencing of the playground.
The Town is requesting to appropriate funds in the
amount of $1,500 to support the project.
Council Member McCarty
approve the Resolution to
$1,500 as a donation to support exterior fencing for
the Boys and Girls Club playground; the motion was
seconded by Council Member Liles and carried by
the following roll call vote, with all members voting:
Vote 4-0; Yeas (4) – Liles, McCarty, Mullins, Grose;
Nays (0) – None.
Approval of adoption of Resolution No. 2568 to
support exterior fencing for the Boys and Girls
Club playground.
Deputy Town Manager Sexton commented that
Walnut Avenue’s Phase I
complete and VDOT will be inspecting it next week.
Walnut Phase I is also nearing completion
contractor is doing some final cleanup. After that, it
will be paved and striped. The Gus Nicks Boulevard
speed reduction came into
covered the change on the news. The East
complete. Mr. Sexton encouraged the traveling
public to pay attention to the
commented that the Town offices will be closed on
Monday, October 9 for Columbus Day. Mr. Sexton
will be held on October 16, 2023, at 3 p.m. instead
of the original October 9, 2023 date.
Council Members expressed appreciation to
staff, restaurants in Town, and the donation for the
expressed condolences to the family of Ann Brown.
Mayor Grose expressed appreciation to the
Town staff and Council for all that they do.
Council Member Mullins made a motion to
adjourn the meeting; the motion was seconded by
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following vote, with all members voting: Vote 5-0;
Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose;
Nays (0) – None. The meeting was adjourned at
Meeting adjourned
APPROVED:
_________________________________
Bradley E. Grose, Mayor
ATTEST:
_________________________________
Antonia Arias-Magallon, Town Clerk
Meeting Date
October 17, 2023
Department
Council
Issue
Proclamation – United Way Roanoke Centennial
Summary
The United Way of Roanoke Valley was founded as the Community Fund in 1924. This
proclamation helps United Way of Roanoke Valley celebrates its 100th anniversary.
Attachment
Proclamation
Recommendations
Present Proclamation
Town Council
Agenda Summary
PROCLAMATION
WHEREAS, the United Way of Roanoke Valley (UWRV) was founded as the Community Fund in 1924, uniting business and community leaders who understood that a thriving economy is intrinsically linked to the well-being of its citizens; and
WHEREAS, for a century, our community has stood shoulder to shoulder with UWRV, volunteering time, donating generously, and supporting its mission to pool resources, fund local initiatives, and spearhead collaborative efforts that address vital issues such as education, health, financial stability, and basic needs; and
WHEREAS, through its impactful history, United Way has successfully generated over $232 million, funding programs and partnerships that have enriched the lives of residents across Roanoke, Salem, Vinton, and the counties of Botetourt, Craig, Roanoke, and Franklin; and
WHEREAS, United Way has been an invaluable partner to us, synergizing with nonprofits, local governments, businesses, and educational institutions to enact positive change in individual lives, fortify families, rejuvenate neighborhoods, elevate marginalized communities, and ensure equitable opportunities for all; and
WHEREAS, United Way has been a trailblazer in the health and human services sector, introducing innovative metrics, fostering collective impact, facilitating data sharing, and advocating for systemic change; and
WHEREAS, countless professionals and community volunteers have honed their leadership skills and deepened their understanding of community needs through their engagement with United Way, participating in workplace campaigns, committees, and task forces aimed at advancing the organization’s mission; and
WHEREAS, United Way of Roanoke Valley has shown unwavering commitment to uplifting impoverished households and those classified as ALICE (Asset Limited, Income Constrained, Employed), guiding approximately 4,445 families towards self-sufficiency in the past five years and ambitiously aiming to assist 10,000 families by 2030; and
WHEREAS, UWRV is marking its Centennial anniversary from October 2023 to October 2024 with the campaign "A Century of Impact, United for a Stronger Future," a seminal moment for the organization to envision its future impact and set its course for the next century;
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby extend our heartfelt recognition and commendation to the United Way of Roanoke Valley on its 100th anniversary. We salute its enduring commitment to enhancing lives, fostering community cohesion, and creating a legacy of positive change that benefits us all.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 17th of October, 2023.
_____________________________________ Bradley E. Grose, Mayor
Meeting Date
October 17, 2023
Department
Police
Issue
Introduction and Swearing In Ceremony:
- Sean Patrick McKittrick
- Douglas Gene Aune Jr
Summary
Chief Drumond will introduce three new officers. Officers were sworn in on September 25, 2023.
Attachments
None
Recommendations
No Action Required
Town Council
Agenda Summary
Meeting Date
October 17, 2023
Department
Police
Issue
Vinton Police Department 1st Quarter Report
Summary
The Police Department will present the 1st Quarter (July-August-September) report for the
Department
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
October 17, 2023
Department
Administration
Issue
Consideration of public comments concerning the proposed granting of a lease to The Vinton
Historical Society for property located at 210 East Jackson Avenue (Vinton History Museum)
Summary
The Vinton Historical Society operates the Vinton History Museum and has agreed to updated
terms of a proposed Lease Agreement with the Town for the property located at 210 E Jackson St.
General Terms of the Lease Agreement include:
• Initial lease is for 8 months and will begin November 1st, 2023 through June 30th, 2024,
in order to align on a fiscal year basis.
• The lease would contain four (4) additional one-year renewals and will set to expire on
June 30th, 2028, as to align with other similar leases the Town maintains with
community partners for publicly owned property.
• TOV will maintain major operating systems to include HVAC, plumping and electrical.
• TOV will provide routine exterior maintenance to the roof, windows, walls and doors.
• TOV will provide all utilities.
• The Historical Society will provide all routine grounds maintenance.
• The Historical Society will provide funds for major physical improvements with
regards to operation of the building as a History Museum.
• A separate MOU will be utilized to provide guidance and establish parameters specific
to the staffing and operations of the History Museum.
Council was briefed on the proposed Lease at their October 3, 2023 meeting.
Attachments
Lease Agreement
Resolution
Recommendations
Conduct Public Hearing
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
OCTOBER 17, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, The Vinton Historical Society requests to lease Town property located at 210 E.
Jackson Avenue, Vinton, VA 24179 (formally known as the Mary Upson Williams
Property), for the purpose of operating the Vinton Historical Society Museum; and
WHEREAS, the Town finds that the Vinton Historical Society’s lease of the property will benefit
the citizens of the community by the Tenant’s efforts to collect, preserve and display
historically significant items relating to the Town of Vinton or of the greater Vinton
community for current and future generations of citizens and visitors to learn about
the history and growth of the Town of Vinton; and
WHEREAS, the Town also finds that the Vinton Historical Society’s lease of the property will
benefit the Town with the development and operation of seasonal special events and
activities to market the facilities’ offerings and to fundraise for the Society’s efforts
the preserve and display the items contained within the museum for the benefit of the
community and the general public; and
WHEREAS, Town staff recommends that said Lease of real property between the Town and the
Vinton Historical Society be approved and executed.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Lease of 210 E. Jackson Avenue, Vinton, VA 24179 to the Vinton Historical Society is
approved in a form substantially similar to the one presented to Council and approved by the
Town Attorney; and
2. The Town Manager is authorized and directed, for and on behalf of the Town, to execute the
aforementioned Lease of 210 E. Jackson Avenue, Vinton, VA 24179, deliver the Lease to
the Vinton Historical Society, and any take such other actions and execute and deliver such
other documents as he may deem necessary to carry out the purposes of this Resolution.
This Resolution adopted on motion made by __________________, seconded by ______________,
with the following votes recorded:
AYES:
NAYS:
APPROVED:
_____________________________________
Bradley E. Grose, Mayor
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LEASE OF REAL PROPERTY
This Lease of Real Property (“Lease”) is entered into this ____ day of October, 2023, by
and between the Town of Vinton, (“Town”), a municipality of the Commonwealth of Virginia,
and Vinton Historical Society, Inc. (“Tenant”), a Virginia non-stock corporation.
RECITALS
WHEREAS, Tenant requests to lease Town property located at 210 E. Jackson Avenue, Vinton,
VA 24179 (the “Property”), for the purpose of operating the Vinton Historical Society Museum,
where the Tenant will curate and display artifacts and other items of historical significance or
interest and relating to the Town of Vinton or the greater Vinton Community.
WHEREAS, Town finds that Tenant’s lease of the Property will benefit the citizens of the
community by the Tenant’s efforts to collect, preserve and display historically significant items
for current and future generations of citizens and visitors to learn about the history and growth of
the Town of Vinton; and
WHEREAS, Town also finds that Tenant’s lease of the Property will benefit Town by the Tenant’s
development and operation of seasonal special events and activities to market the facilities’
offerings and to fundraise for the Tenant’s efforts the preserve and display the items contained
within the museum for the benefit of the community and the general public; and
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 use as museum.
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.
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
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compliance with the terms of this Lease, shall provide quiet enjoyment of the Property
to Tenant during the Term and any Renewal Term.
3. TOWN RESPONSIBILITIES
a) Town will maintain the heating, air conditioning, plumbing and electrical systems that
service the Property in good repair and in a condition suitable to the use for which they
are intended; provided, however Town shall not be responsible for maintaining or
repairing any damage caused by the errors, acts or omissions of Tenant or its agents,
employees, contractors, invitees, or licensees, which maintenance and repairs shall be
performed by Tenant at its expense.
b) Town will maintain the Property’s roof, windows, exterior walls, and exterior doors in
good repair and in a condition suitable to the use for which they are intended; provided,
however Town shall not be responsible for maintaining or repairing any damage caused
by the errors, acts or omissions of Tenant or its agents, employees, contractors, invitees,
or licensees, which maintenance and repairs shall be performed by Tenant at its
expense. Town also will provide internet service to the Property. Tenant will pay the
cost of email and website access.
c) Town will provide all reasonably necessary electricity, heating, water/sewer and
telephone service for the Property. All other utilities will be Tenant’s responsibility.
Town shall not be liable for any interruption or curtailment whatsoever in the furnishing
of utilities to the Property, whether or not they are furnished by Town.
d) Town shall be provided access to the Property at all times reasonably necessary to carry
out its maintenance responsibilities and to provide utilities and services required under
this section.
4. TENANT RESPONSIBILITIES
a) 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.
b) 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
Town 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.
c) Tenant shall be responsible for security at the Property. Tenant shall maintain the
Property as securely as reasonably possible during and after operating hours.
d) 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
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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. Town will be responsible for the
Property's grounds, including mowing and trimming the lawn, snow removal, and
removing leaves and debris. Tenant will maintain the interior of the Property, including
janitorial service, trash removal, and routine cleaning.
e) Notwithstanding any provision in this Lease to the contrary, Tenant shall be responsible
for the cost of any major physical or equipment improvements to the Property,
including without limitation the repair or replacement of appliances, equipment and
mechanical systems, unless Town agrees in advance to share a portion of the cost.
f) Tenant shall not make any alterations, modifications, or additions to the Property, or
install any fixtures, equipment or partitions, or make any improvements, without the
prior written consent of Town.
5. RENT
Tenant shall pay rent annually in the amount of $1.00 (“Rent”). Rent shall be paid upon
commencement of the lease term period and annually thereafter on or before the
anniversary of the lease term.
6. 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.
7. TERM
The term of this Lease is for an eight (8) month term, commencing on the 1st day of
November, 2023 (“Commencement Date”) and ending on June 30, 2024 (“Termination
Date”).
8. 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 may extend this Lease for up to four
additional twelve (12) month periods by providing written notice to Town on or before the
date that is sixty (60) days prior to the then-current Termination Date of Tenant’s intent to
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extend this Lease in accordance with the terms and conditions stated herein. Each twelve-
month renewal period shall be referred to herein as the “Renewal Term”. Unless otherwise
agreed in writing, each renewal shall be subject to the same terms and conditions as set
forth herein.
9. 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.
Should Town incur additional costs for improvements, upgrades, modifications, and other
items as requested by Tenant after the initial occupancy, Tenant shall reimburse Town for
those costs.
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 in as good condition as when first occupied, reasonable wear
and tear excepted.
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.
10. 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
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 President
Town of Vinton Vinton Historical Society
311 South Pollard Street 210 E. Jackson Ave
Vinton, VA 24179 Vinton, VA 24179
11. 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
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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.
12. 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.
13. 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.
14. INSURANCE
6
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 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.
15. LIENS
Town Property, including, but not limited to, the Premises shall not be subject to liens for
work done or materials used on the Premises 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 Premises 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 Premises. 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 Premises 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.
7
16. 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
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.
17. 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.
18. 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.
19. 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.
20. 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.
8
21. 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.
22. 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.
23. 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.
24. 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, a municipality Vinton Historical Society, Inc.,
of the Commonwealth of Virginia a Virginia non-stock corporation
By__________________________________ By________________________________
Richard W. Peters, Jr., Town Manager Randy Layman, President
APPROVED AS TO FORM
By _________________________________
Town Attorney
Meeting Date
October 17, 2023
Department
Administration
Issue
Consideration of a Resolution authorizing the Town Manager to execute a Performance Agreement
with Tacorita Inc. and the Town of Vinton to redevelop the former Red Jasmine building into the
Tacorita Tacos & Tequila Bar restaurant.
Summary
The Town of Vinton in partnership with the Roanoke County Economic Development Authority
has negotiated terms of a Performance Agreement with Tacorita Inc. valued up to $25,000 over a
one-year period to encourage the redevelopment of the former Red Jasmine building into the
Tacorita Tacos & Tequila Bar restaurant. The $25,000 will be used to reconstruct a private lateral
sewer connection, as the previous shared sewer connection was terminated during the demolition
of 206 S. Pollard Street due to significant damage that occurred during the July 2, 2022 Downtown
fire.
Terms of the Performance Agreement include the Town of Vinton appropriating to the Roanoke
County Economic Development Authority an amount not to exceed $15,000 following the
execution of the Performance Agreement. The Town of Vinton will appropriate the final $10,000
to the Roanoke County Economic Development Authority following the issuance of a Certificate
of Occupancy from Roanoke County.
The proposed Tacortia Tacos & Tequila Bar restaurant will redevelop a vacant building in Vinton’s
downtown to revitalize the Town’s main street, as well as generate meals tax revenue and create
new jobs.
Attachments
Performance Agreement
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
OCTOBER 17, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA.
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 Red Jasmine building located at 210 South Pollard
Street, Vinton, VA (Roanoke County Tax Map # 060.16-02-38.00-0000) (the
“Property”) to renovate into a new restaurant to be known as Tacorita, Tacos &
Tequila Bar (the “Project”); 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 $25,000 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:
Antonia Arias-Magallon Town Clerk
{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,
(“Town”), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (“Authority”),
and TACORITA, INC. a Virginia stock corporation (“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 Red Jasmine building located at 210 South Pollard
Street, Vinton, VA (Roanoke County Tax Map # 060.16-02-38.00-0000) (the “Property”) to renovate into
a new restaurant to be known as Tacorita Tacos & Tequila Bar (the “Project”); and
WHEREAS, the Town and the Authority recognize that the Company’s development of the
Property and the Project 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 Local
Economic Development Incentive Grants to the Company (the “Local Grants”) in an aggregate amount not
to exceed $25,000 for the purpose of inducing the Company to develop and operate the aforementioned
Property and 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
Tacorita Tacos & Tequila Bar and which will consist of no less than 2,000 square feet of interior
dinning 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 $100,000 in the Property for
the purpose of the Project (“Capital Investment”) by December 31, 2024 (“Capital Investment
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 generate no less than $25,000 and in meals tax revenue paid to the
Town during the first twelve (12) months of the restaurant’s operation (“Meals Tax Revenue”).
{00506892.DOCX 2} 2
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 Tacorita Tacos
& Tequila Bar 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. The Company must open and
commence operations no later than the Capital Investment Performance Date.
d. 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 Property; and (iii) the Meals Tax Revenue generated by the Project
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. Local Economic Development Incentive Grants.
a. 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, compensate the Company for its costs and expenses directly
related to the installation of a sanitary sewer utility connection in two installments; provided,
however, the amount of this second Local Grant shall not, under any circumstances, exceed
$25,000. The Company must provide all information reasonably requested by the Town and/or
Authority to verify the amounts spent on the installation of the sanitary sewer system.
b. The Town will provide the Authority with the funds for the Local Grants as set forth in this
Agreement. The Authority will pay the first Local Grant to the Company in two installments. The
Company must use these Local Grant funds only for the Project, and for no other purpose. The
Authority will pay the installments of the first Local Grant to the Company as follows:
i. An initial payment of $15,000 upon execution of the Performance Agreement;
and
ii. A reimbursement payment of $10,000 upon the Company receiving a Certificate
of Occupancy.
c. Except as provided in 2.b. above, 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 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 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.
{00506892.DOCX 2} 3
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 and Meals
Tax Revenue obligations. 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 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 in the Property 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 generate $25,000 in Meals Tax Revenue during the first twelve (12) months
of the restaurant’s operations; (iii) 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; (iv) discontinues
design or construction work on the Project prior to its completion; (v) sells or conveys ownership of the
Property prior to the completion of the Project; (vi) fails to open and begin operating the restaurant by
the Capital Investment Performance Date; or (vii) 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):
TACORITA, INC.
5418 Golden Court, Roanoke, VA,
24012______________________
_______________________
_______________________
_______________________
{00506892.DOCX 2} 4
___________________________
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.
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.
{00506892.DOCX 2} 5
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.
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.
{00506892.DOCX 2} 6
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.
TOWN OF VINTON, VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
By:_________________________________ By:____________________________________
Richard Peters
Town Manager Title:___________________________________
TACORITA, INC.
By:____________________________________
Title:___________________________________
APPROVED AS TO FORM:
______________________________
Town Attorney
Meeting Date
October 17, 2023
Department
Planning & Zoning
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute a Contract with TRC
Companies, Inc. for Environmental Consulting Services to assist with administration of the
$500,000 Community-wide Brownfields Assessment Grant from the U.S. Environmental
Protection Agency (EPA).
Summary
The Town of Vinton has been awarded a $500,000 Community-wide Brownfields Assessment
Grant from the EPA and as part of the grant award, the intention is to hire an environmental
consulting firm to assist with the grant administration, conduct the environmental assessments,
prepare conceptual site plans, establish marketing materials and assist with coordination of the
steering committee.
The Town issued a Request for Proposal (RFP) on August 11, 2023, and received two proposals
prior to the September 1st deadline. A RFP Proposal Review Committee was subsequently
established to individually review and score each of the two proposals. A Committee Meeting was
convened on Friday, September 29th to review the preliminary individual scoring and host
interview sessions for each of the respective firms. It was the consensus choice of the Committee
to offer TRC Companies, Inc. a contract as the Environmental Consultant for the grant project.
Attachments
Request for Proposals Document
Contract for Environmental Services for the EPA Brownfields Assessment Grant
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
REQUEST FOR PROPOSALS PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
The Town of Vinton
Vinton, Virginia
August 11, 2023
In May 2023, the United States Environmental Protection Agency (EPA) selected the Town of Vinton (THE TOWN) to receive a Community-Wide Brownfields Assessment Grant. This federal funding is dedicated to the assessment of sites potentially impacted by hazardous substances, pollutants, contaminants (including hazardous substances co-mingled with petroleum), and/or petroleum ($500,000) and will be used to develop a brownfields site inventory and database, conduct Phase I and Phase II Environmental Site Assessments (ESAs), prepare related work documents, plan for potential site response, clean-up and redevelopment actions, and other associated grant activities, such as program administration and community engagement.
The purpose of this Request for Proposals (RFP) is the procurement of professional
environmental consulting services to be performed under the above-referenced EPA grant funding
to support Vinton’s Brownfields Redevelopment Program.
THE TOWN will receive sealed proposals until 3:00 p.m. on Friday, September 1, 2023.
Submittals must be addressed to Mr. Richard “Pete” Peters, Town Manager, and delivered
by parcel post or hand delivery to:
The Town of Vinton
Town Administration
311 South Pollard Street Vinton, VA 24179
Submittals received after the above time and date will not be considered and will be
returned to the Offeror unopened.
All inquiries regarding proposal format or submittal procedures shall be directed to Nathaniel
McClung via phone: (540) 283-7009 or email: nmcclung@vintonva.gov. No other contacts
with the Town of Vinton shall be made during the solicitation period.
Scope of Services
The successful Offeror shall furnish all labor, materials, tools, equipment, supplies and incidentals, required or implied, for the complete and satisfactory performance of environmental consulting services as defined by the following:
The Scope of Work will generally follow the Brownfield Assessment Work Plan (Exhibit A) submitted to the EPA by the TOWN. A summary of work is as follows, but is not limited to:
Task 1 – Cooperative Agreement Oversight and Community Engagement:
Cooperative Agreement Oversight includes program and financial management to ensure compliance with grant requirements; oversee data input to EPA’s ACRES database; attend brownfield-related training and conferences; and submit quarterly, annual, and final performance reports. If specific, eligible, and appropriate activities occur beyond the priority sites are needed, the same process described herein will be followed as needed. Community Engagement includes coordinating and conducting meetings and developing materials. Grant-funded direct costs: Travel expenses (registration, airfare, lodging, and meals), supplies, and
contractual costs for assistance with reporting and maintaining interactions with stakeholders.
Non-EPA funded activities: In-kind staff oversight for administration, monitoring, reporting, and
community engagement activities and attending training conferences.
Task 2 – Site Inventory and Prioritization:
The Town will prepare a GIS brownfields site inventory and database for priority and target area
sites described in Section 1.a.ii and include sites in underserved communities within the
geographic area. These properties will be compiled, mapped, characterized, and prioritized by
the BRAG and Town based on community vision, redevelopment potential, and community
needs. A pool of sites will be selected for assessment from the target areas. If grant funds remain
after addressing the priority sites, the most current EJ Screening Tool will be used to identify additional sites in underserved communities in the geographic area. Once sites have been identified, they will be selected using the same criteria. No assessments will be conducted prior to confirming eligibility with EPA and DEQ if applicable for petroleum sites using Property Approval Questionnaires (PAQs). Grant-funded activities: Contractual costs to update, maintain inventory/database and prepare PAQs. Non-EPA funded activities: Staff oversight, site prioritization, and property owner access coordination.
Task 3 – Environmental Site Assessments (ESAs)
Upon receiving eligibility approval and access from property owners, approximately 13 Phase I ESAs will be conducted beginning with priority sites. Phase I ESA time and costs are contingent upon property size, existing improvements, past uses, and extent of known or suspected Recognized Environmental Conditions (RECs). Based on Phase I ESA results, approximately 4 sites will be addressed through Phase II ESAs, which include (a) project work plans, i.e., generic Quality
Assurance Project Plan (QAPP), site specific Health and Safety Plans (HASPs), and Sampling and
Analysis Plans (SAPs); (b) soil, groundwater and/or air sampling; (c) lab analyses and data
validation; and (d) summary reports with recommendations for further action, if warranted. Grant-
funded activities: Contractual costs for assessments, work plans and reports. Non-EPA funded
activities: In-kind staff oversight, coordination with property owners, and review of work products prior to EPA submittal.
Task 4 – Preliminary Planning for Remediation and/or Redevelopment
For some sites addressed through Phase II ESAs, preliminary remediation plans (Analyses of Brownfields Cleanup Alternatives or ABCAs) and associated cost estimates will be prepared to review alternatives for further environmental investigation and/or remediation, if warranted. Staff and QEP will also work with stakeholders to conduct preliminary redevelopment planning for selected target areas and/or sites to explore best reuse and economic potential. This may
include reuse plans, marketing/feasibility studies, master plans, infrastructure evaluations, and
conceptual development plans. Grant- funded activities: QEP costs for remediation and
redevelopment plans. Non-EPA funded activities: Staff oversight, coordination with property
owners and community partners to prepare plans and review/approve work products.
Evaluation Criteria
Proposals will be evaluated on the following criteria:
A. Experience and Performance References from Previous Projects (40 points)
Responders shall list previous and/or current experience with EPA- and DEQ-funded Brownfields assessment projects in Virginia, including reference contacts and phone numbers.
B. Qualifications and Availability of the Specific Individuals to Provide Services: (30 points)
Responders shall provide resumes of each individual and/or team member assigned to this project. Availability of each individual or team member is critical. On-demand inspections and responses to emergencies will be required.
C. Proximity to the Project: (15 Points)
Responders should be located within a reasonable travel time of Vinton, Virginia. The Town believes that quick response time, frequency of inspection visits, availability for management team meetings, and knowledge of the project area are vital to quality control.
D. Quality/Clarity of Proposal: (15 Points)
Responders shall ensure the proposal is organized and that associated topics and information
are succinctly covered so that reviewers can efficiently and thoroughly review the firm’s record
of experience, qualifications, and other measures to be evaluated.
Selection Process
After each proposal has been screened, they will be ranked in priority order and the two or
three highest ranked responders may be asked to attend interviews if deemed necessary. If
interviewed, Town staff will select one responder from the interview process to begin negotiations.
If a contract cannot be successfully executed with the leading candidate, the Town will move on to the second ranked candidate and so on until a contract has been successfully executed. Should the
Town determine, in writing and at its sole discretion, that only one Offeror is fully qualified, or that
one Offeror is clearly more highly qualified than others under consideration, a contract may be negotiated and awarded to that Offeror without interviews.
Proposal Submittal Requirements
Responders shall submit 5 copies of their proposal to the address listed on page one. The
submittal shall address each of the evaluation criteria listed above. Each responder is cautioned not
to submit responses in any other manner than that listed above. Any contact or submittal that does not follow the above instructions will be rejected. Proposals should be prepared simply and
economically, providing a straightforward, concise description of the responder's ability to meet the requirements of the RFP, keeping the submittal to a maximum of twenty-five (25) sheets, (no more
than 50 two-sided pages) in length, excluding cover letter, proposal cover, table of contents, and required proposal attachments, if any. Emphasis should be on completeness and clarity of content.
The Town of Vinton is an Equal Opportunity Employer and will not discriminate on the basis of race, color, religion, sex, national origin, age, or handicap. Minority and female-owned firms are encouraged to participate. The Town reserves the right to reject any or all proposals and to conduct business with the most responsive responder in the best interest of the Town.
Offers shall comply with the following:
• The President’s Executive Summary Order # 11246 prohibiting discrimination in
Employment regarding race, color, creed, sex or national origin
• The President’s Executive Order # 12138 and # 11625 regarding utilization of
MBE/WBE firms
• The Civil Rights Act of 1964
• The Americans with Disabilities Act of 1990
• The Age Discrimination and Employment Act
Offerers must certify that they do not and will not maintain or provide for their
employees any facilities that are segregated on the basis of race, color, creed or national origin.
GENERAL TERMS AND CONDITIONS
The Contract for Services (“Contract” or “Agreement”) with the successful Offeror will
contain the following Terms and Conditions. Offerors taking exception to these terms and conditions or intending to propose additional or alternative language must (a) identify with specificity the Town of Vinton Terms and Conditions to which they take exception or seek to amend or replace; and (b) include any additional or different language with their proposal. Failure to both identify with specificity those Terms and Conditions the Offeror takes exception
to or seeks to amend or replace, as well as to provide Offeror’s additional or alternate Contract
terms may result in rejection of the proposal.
A. Independent Successful Firm
The Consultant is an independent firm and nothing contained in a subsequent Contract
shall constitute or designate such firm or any of its agents or employees of the Town of Vinton.
B. Notification
Any notice required by the Contract shall be effective if given by registered mail, return
receipt requested, to the Consultant in the name and at the address given in its proposal
submission; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to THE TOWN shall be given to the Town of Vinton, c/o Nathaniel McClung, Assistant Planning & Zoning Director, 311 South Pollard Street, Vinton, VA 24179. The Consultant agrees to notify THE TOWN immediately of any change of legal status or of address. Any notice provided in accordance with this paragraph shall be deemed to have been completed five calendar days after the date of mailing.
C. Cooperative Procurement
As authorized in § 2.2-4304 of the Code of Virginia, this procurement is being conducted on behalf of and may be used by public bodies, agencies, institutions and localities of
the several states, territories of the United States, and the District of Columbia with the
consent of the Consultant.
D. Termination
Subject to the provisions below, the Contract may be terminated by THE TOWN upon
thirty (30) days advance written notice to the Consultant; but if any work or service
hereunder is in progress, but not completed as of the date of termination, then the
Contract may be extended upon written approval of THE TOWN until said work or
services are completed and accepted. All information and materials gathered and/or
prepared by or for it under the terms of the Contract shall be delivered to, become and remain the property of THE TOWN. THE TOWN shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Consultant.
1. Termination for Convenience: THE TOWN may terminate this Contract for convenience at any time in which case the parties shall negotiate reasonable termination costs.
2. Termination for Cause: In the event of Termination for Cause, the thirty (30) days advance notice is waived, and the Consultant shall not be entitled to termination costs.
3. Termination Due to Unavailability of Funds in Succeeding Fiscal Years: If funds are
not appropriated or otherwise made available to support continuation of the performance of this Contract in a subsequent fiscal year, then the Contract shall be
canceled and, to the extent permitted by law, the Consultant shall be reimbursed for
the reasonable value of any non-recurring costs incurred but not amortized in the
price of the supplies or services delivered under the Contract.
E. Laws and Regulations
1. The Successful firm shall abide by all Federal, State and Local laws and regulations
governing the provision of the services called for in the Contract. The Successful firm
shall give notice and comply with all laws, ordinances, rules, regulations, and lawful
orders of any public authority bearing on the performance of the work.
2. By entering this Contract, the Consultant certifies that it does not and will not during
the performance of this Contract violate the provisions of the Federal Immigration
Reform and Control Act of 1986, which prohibits employment of illegal aliens.
3. This Contract shall be governed and construed in all respects by its terms and by the laws of the Commonwealth of Virginia. Any legal proceedings arising out of or related to this Contract shall be filed by the parties in the General District Court or Circuit Court of Roanoke County, Virginia.
F. Additional Services
THE TOWN may add to the Scope of Services any services of a similar nature to those
specified in the Scope of Services of this Request for Proposals as mutually agreed to at
a price mutually agreed upon.
G. Severability
Each paragraph and provision of the Contract will be severable from the entire Contract and if any provision is declared invalid, the remaining provisions shall remain in effect.
H. Licenses and Permits
If required, the successful firm shall secure and pay for all applicable permits, governmental fees and licenses necessary for the proper execution and completion of the work as may be legally required prior to and during the work.
I. Nondiscrimination
1. The Consultant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin, except where
religion, sex or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.
2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that Consultant is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
4. The Consultant will include the provisions of the foregoing paragraphs 1, 2 and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontracted firm or vendor.
J. Payments to Successful Firms
Payments to the Consultant shall be made within 30 days after receipt of an approved
invoice for services provided in the previous month. Backup documentation for each
invoice shall be provided in detail satisfactory to THE TOWN. The Consultant’s records
and documentation supporting such invoices shall be made available to THE TOWN
upon reasonable request. The Consultant agrees to retain all records, documents and
support materials relevant to the Contract for a period of five years following final
payment. Invoices must be prepared in formats as may be required by funding agencies.
K. Consultants Payments to Subcontractors
In accordance with Virginia Code Section 2.2-4354 the Consultant agrees that, should
any subcontractor be employed by the Consultant for the provision of any goods or
services under this Contract, the Consultant agrees to the following:
1. The Consultant shall, within sixty (60) days after receipt of any payments from THE TOWN pursuant to this Contract, either:
(a) Pay the subcontractor for the proportionate share of the total payment received from THE TOWN attributable to the goods or services provided by the subcontractor; or
(b) Notify THE TOWN, as applicable, and the subcontractor, in writing, of the intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. Written notice to THE TOWN shall be given to: Town of Vinton, c/o Nathaniel McClung, Assistant Planning & Zoning Director, 311 South Pollard Street, Vinton, VA 24179.
2. The Consultant's obligation to pay an interest charge to a subcontractor shall not be an obligation of THE TOWN.
3. No Contract modification shall be allowed for the purpose of providing reimbursement for these interest charges. No cost reimbursement claim shall include any amount for reimbursement of these interest charges.
L. Contractual Claims
1. Any claims by a contractor or anyone claiming on the contractor’s behalf against THE
TOWN arising under or relating to a Contract shall be resolved by the laws of the Commonwealth of Virginia.
2. The contractor shall give THE TOWN written notice of any claim within ten (10) days of the beginning of the occurrence of the event leading to the claim being made. The written notice shall be a document from the contractor addressed to THE TOWN or the person designated by the Contract to receive such notice. The written notice shall clearly state the contractor’s intention to make a claim, shall describe the occurrence involved, and shall be transmitted in a manner to ensure receipt by THE TOWN. The contractor shall submit the claim and any supporting data to THE TOWN within thirty (30) days after the occurrence giving rise to the claim ends. The burden shall be on the contractor to substantiate that it has given written notice and submitted its claim in accordance with this provision.
M. Taxes
The Consultant shall pay all applicable local, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be in addition to the Contract price as the taxes shall be an obligation of the Consultant and not of THE TOWN, and THE TOWN shall be held harmless for same by the Consultant.
N. Contract Assignment
The Contract may not be assigned, in whole or part, without the written consent of THE TOWN. The rights and obligations of the Consultant are personal and may be performed only by the Consultant. Any purported assignment that does not comply with this provision is void. This Contract is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
O. Royalty and License Fees and Copyright, Trademark and Patent Protection
The Successful firm shall pay all royalty and license fees relating to the items covered by
the Contract. In the event any third party shall claim that the manufacture, use and sales
of these goods offered hereby constitutes an infringement of any copyright, trademark,
or patent, the Offeror shall indemnify and hold harmless THE TOWN from any cost,
expense, damage or loss incurred in any manner by THE TOWN on account of such
alleged infringement.
P. Precedence of Documents
The precedence of documents shall be as follows: the Contract, the Request for Proposals
and the Offeror’s response to the Request for Proposals.
Q. Insurance
The Consultant shall be required to maintain in force such insurance, in amounts
acceptable to THE TOWN, as will protect it and THE TOWN from claims which may arise
out of or result from the execution of the work, whether such execution be by the firm,
its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. This coverage should include, at a minimum, Worker's Compensation and General Liability (including premises/operations, independent successful firms, products and completed operations, contractual liability and personal injury liability). All insurance shall be provided by companies authorized to conduct business in the Commonwealth.
The Consultant shall furnish THE TOWN with an original Certificate of Insurance upon
request. The Certificate should name THE TOWN as additional insured under their
General Liability coverage. The Consultant shall notify THE TOWN at least 30 days prior
to policy cancellation, non-renewal or reduction of coverage.
R. Administrative Appeals Procedure
1. The following are the exclusive procedures for a bidder or offeror to protest THE TOWN's award or decision to award a contract.
(a) Any protest to award a contract shall be in writing and shall be delivered so that it is received by THE TOWN not later than five (5) business days after announcement of the award or decision to award, whichever comes first.
Otherwise any such protest shall be deemed to be waived.
(b) Protest of award or decision to award a contract may only be made by a person who submitted a bid or proposal for the procurement at issue and who was
reasonably likely to have its proposal accepted but for THE TOWN’s decision.
(c) Protests shall only be granted if (1) the protester has complied fully with the requirements of the Request for Proposals and there has been a violation of law, the Virginia Public Procurement Act, or mandatory terms of the solicitation that clearly prejudiced the protestor in a material way, or (2) a statute requires voiding of the decision.
(d) THE TOWN shall issue a written decision on a protest within ten (10) days of its receipt by THE TOWN.
(e) If the protest is denied, the protestor may only appeal the denial or otherwise contest or challenge procurement by then filing suit in the Circuit Court of Vinton, Virginia, and serving THE TOWN with such suit within ten (10) days of such denial. Otherwise, THE TOWN's decision shall be final and conclusive, and the protester's right to appeal the denial or to otherwise contest or challenge the procurement shall be deemed to be waived.
(f) THE TOWN should defer award of a contract where the decision to award has been protested unless there is a written determination by THE TOWN that proceeding without delay is necessary to protect the public interest or unless the bid or offer of the prospective awardee would expire.
(g) The validity of a contract awarded and accepted in good faith shall not be affected by the fact that a protest or appeal is filed.
(h) The exclusive relief allowed if a protest is granted is to void the decision being
protested. If a contract has already been awarded and performance under the
contract has begun, the contract need not be voided if not in the public interest to do so. Under no circumstances will any monetary amount be allowed to the protestor as part of any relief granted.
(i) Strictly following these procedures shall be a mandatory prerequisite for protest of THE TOWN's award or decision to award a contract. Failure by an Offerer to follow these procedures strictly shall preclude that Offerer’s protest and be deemed to constitute a waiver of any protest.
2. A protest may not be based upon the alleged non-responsibility of a person to whom THE TOWN awards or makes a decision to award a contract.
S. Drug Free Workplace
1. In accordance with Sec 2.2-4312 of the Virginia Code, during the performance of this Contract, the Consultant agrees to the following:
(a) Provide a drug-free workplace for the consultant’s employees;
(b) Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Consultant’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(c) State in all solicitations or advertisements for employees placed by or on behalf of the consultant that such consultant maintains a drug-free workplace; and
(d) Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each sub- Consultant or vendor.
2. Successful firm shall not use, possess, manufacture, or distribute alcohol or illegal drugs during the performance of the Contract or while on THE TOWN premises or distribute it to TOWN employees.
3. Successful firm understands that a violation of these prohibitions constitutes a breach of the Contract and that THE TOWN has the right cancel the Contract.
4. For the purpose of this section, “Drug-free workplace” means a site for the
performance of work done in connection with a specific Contract awarded to a firm, the employees of which are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract.
T. Certification by Consultant as to Felony Convictions
No one with a felony conviction may be employed under this Contract and by the
signature of its authorized official on the response to this solicitation, the Consultant
certifies that neither the contracting official nor any of the Consultant's employees, agents or subcontractors who will work under this Contract have been convicted of a felony.
U. Confidentiality
1. Consultant Confidentiality:
(a) The Consultant acknowledges and understands that its employees may have
access to proprietary, business information, or other confidential information
belonging to THE TOWN. Therefore, except as required by law, the Consultant
agrees that its employees will not:
(1) Access or attempt to access data that is unrelated to their job duties or authorizations as related to this Contract.
(2) Access or attempt to access information beyond their stated authorization.
(3) Disclose to any other person or allow any other person access to any information related to THE TOWN or any of its facilities or any other user of this Contract that is proprietary or confidential. Disclosure of information includes, but is not limited to, verbal discussions, FAX transmissions, electronic mail messages, voice mail communication, written documentation, “loaning” computer access codes and/or other transmission or sharing of data.
(b) The Consultant understands that THE TOWN, or others may suffer irreparable harm by disclosure of proprietary or confidential information and that THE TOWN may seek legal remedies available to it should such disclosure occur. Further, the Consultant understands that violations of this provision may result in Contract termination.
(c) The Consultant further understands that information and data obtained during the performance of this Contract shall be considered confidential, during and following the term of this Contract, and will not be divulged without THE TOWN’s written consent and then only in strict accordance with prevailing laws. The Consultant shall hold all information provided by THE TOWN as proprietary and confidential and shall make no unauthorized reproduction or distribution of such
material.
2. Town Confidentiality:
THE TOWN understands that certain information provided by the Consultant during the performance of this Contract may also contain confidential or proprietary information. Consultant acknowledges that this Contract and public records (as defined by §2.2-3701 of the Virginia Freedom of Information Act) provided pursuant to this Contract are subject to the Virginia Freedom of Information Act §§2.2-3700, et seq., and the Virginia Public Procurement Act §2.2-4342 of the Code of Virginia.
V. Potential Conflicts of Interest
The Consultant shall devote such part of its time as is reasonably necessary to the operations outlined under the Contract. The Consultant may engage in business ventures of a nature and description independent of this Contract with THE TOWN. TheConsultant is required to disclose immediately any outside activities or interests, as they arise, that conflict or suggest a potential conflict with the declared or stated interests of THE TOWN. The Consultant is required to disclose all local government clients and must attest that work for those clients will not conflict with the interests of THE TOWN. THE TOWN reserves the right to object to such attestations. If such objections arise, the parties will agree to the best course of action to resolve the conflict or potential conflict.
W. Ethical and Professional Standards
The Consultant shall conduct all transactions under this Contract in good faith. The Consultant will employ high ethical and professional standards at all times. Failure to do so could result in termination of the Contract for cause or convenience.
EXHIBIT A:
EPA Community-Wide Brownfield Assessment Grant Work Plan
USEPA BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT
WORK PLAN
FOR
Town of Vinton, Virginia
May 31, 2023
Submitted by
Town of Vinton,
Virginia
311 South
Pollard Street
Vinton, VA 24179
Richard “Pete” W. Peters, Jr., Town Manager
Phone: 540-983-0607
Email: RPETERS@vintonva.gov
2
TABLE OF CONTENTS
Section Title
1.0 PROJECT OVERVIEW
1.1 Project Description 1.2 Project Team Structure and Responsibilities 2.0 SCOPE OF WORK Task 1 Cooperative Agreement Oversight and Community Engagement Task 2 Site Inventory and Prioritization Task 3 Environmental Site Assessments (ESAs) Task 4 Preliminary Planning for Remediation and/or Redevelopment 3.0 OUTPUTS / OUTCOMES
4.0 BUDGET
5.0 QUALITY ASSURANCE PROJECT PLAN
6.0 LEVERAGING
7.0 PHASE I SITE ASSESSMENT CHECKLIST
8.0 PRE-AWARD COSTS
ATTACHMENTS:
1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
2 – BUDGET JUSTIFICATION WORKSHEET
3
1.0 PROJECT OVERVIEW
1.1 Project Description The Town of Vinton (Town) is an incorporated municipal government in Roanoke County, Virginia, near the center of the Roanoke Metropolitan Statistical Area (MSA), the largest metropolitan area in southwest Virginia. The Town is part of the Roanoke Valley-Alleghany Regional Commission (RVARC) Planning District, a vast planning area with over 260,000 residents from five counties and three independent cities. With views of the Blue Ridge and Allegheny Mountains, the Town represents an idyllic community, small enough to provide a feeling of belonging, yet progressive enough to provide facilities, services, and conveniences necessary to make a community feel like home.
This grant will focus on the Town’s gateways and downtown core area; target areas the
community has deemed essential to revitalization and the assessment and correction of
environmental justice issues. Vinton has identified a total of over 20 parcels located in
three primary target areas for potential assessment and redevelopment, most included
along its main gateway commercial corridors and near distressed neighborhoods to
provide impactful economic and environmental benefits to residents. The first primary
target area, Gus Nicks Boulevard/Washington Avenue, is a major 4-lane thoroughfare
roughly bisecting the northern third of Vinton and connecting Roanoke City and I-81 on
the west with Roanoke County and Smith Mountain Lake on the east. Underutilized
commercial sites, have been identified at the western entrance of this corridor that will
benefit from current and ongoing revitalization efforts taking place near this important
Town gateway. Brownfield sites consisting of automotive repair facilities and a former gas station are clustered at the Town’s eastern entrance to this gateway. The second target area is also an east-west connector, Virginia Avenue/Hardy Road, paralleling Gus Nicks Boulevard/Washington Avenue to the south and connects Vinton to downtown Roanoke and the Blue Ridge Parkway. Most commercial development, generally consisting of blighted strip shopping centers, service stations, convenience stores and fast-food franchises, is concentrated along these two east-west corridors. Running perpendicular between these two gateway corridors is the third target area consisting of the Walnut Avenue/Lee Avenue/Pollard Street corridor. This corridor is essentially the spine of the downtown business district where the Town has identified key blighted commercial/light-industrial properties for redevelopment. Some older downtown structures have been adapted through the years to better suit retail, service, and office needs, but occupancy rates in the downtown area are of particular concern. The Walnut Avenue/Lee Avenue/Pollard Street corridor also connects downtown to two of Vinton’s historically disadvantaged minority communities, Gladetown (southeast) and Midway (northwest).
Anticipated outcomes include expanded employment opportunities, enhanced quality of
life, reduced environmental threats, improved public health, and sustainable growth that
will result from the redevelopment of these target areas, all of which will directly benefit
these disadvantaged neighborhoods. Specific outputs of the project are further detailed
in Section 3.0 and on Attachment 1 – Outputs / Outcomes and Schedule of Activities
4
and Deliverables. Primary outcomes include approximately thirteen (13) Phase I and four
(4) Phase II Environmental Site Assessments (ESAs), related project work plans and
remediation/reuse plans, along with associated administrative and community
engagement activities in support of the objectives outlined above.
1.2 Project Team Structure and Responsibilities
The Town has managed a number of projects administered through various agencies, including successfully completing a $300,000 EPA Community-wide Assessments Grant from 2019 and has proven to be capable and successful at completing all phases of work under this Cooperative Agreement. Throughout the project, the Town will comply with all applicable federal and state laws ensuring that assessments and any remediation activities proposed for brownfields sites are protective of human health and the environment. The Town’s experience in complying with requirements of federal programs includes working familiarity with terms and conditions, developing and following work plans, maintaining project schedules, meeting financial requirements and timely progress
reporting. The Town will enlist a team of experienced administrative, technical, financial,
and economic development staff to oversee and administer the activities associated with
this grant. Engaging this team of seasoned staff will ensure that multiple levels of
management, as well as appropriate project specific expertise, are involved in the project.
All of these individuals have given many years of service to Vinton and serving local
government in general and are expected to remain through the duration of the project. In
the event that one of these staff members is unable to maintain his/her respective role
on the project team, another will stand ready to fill in until appropriate replacement staff
can be identified.
(a) Administrative/Project Management/Economic Development Experience:
Town Manager/Director of Economic Development, Pete Peters, will serve as
Vinton’s Authorized Organization Representative (AOR) and project lead for the
Brownfields Program. With over 25 years of public administration experience, he
serves as the Town Manager to direct and conduct all daily operations, including
budget preparation, policy creation and execution, and strategic planning and
visioning. Pete also leads the Economic Development Department responsible for development and implementation of strategies that advance incentives and remove obstacles to retain and grow existing businesses and attract new development to increase and diversify the local tax base. (b) Financial Experience: Town Treasurer/Finance Director Andrew Keen will assist Pete with project accounting and reporting. He oversees local tax collections, manages all Town accounts, and oversees Vinton’s $14 million annual budget. (c) Technical Experience: Assistant Planning and Zoning Director Nathan McClung will assist with technical reviews. As Assistant Director of Planning & Zoning, Nathan oversees plan reviews, land-use records, sub-division ordinances, code enforcement, storm-water permitting and various compliance with state and federal regulations and resolving environmental issues. (d) Administrative Contact: Economic Development Specialist Marshall Stanley
5
will assist with project management and communications. Marshall coordinates
various economic development initiatives, responds to business development
inquiries and facilitates redevelopment projects.
2.0 SCOPE OF WORK
Task Descriptions below define grant funded activities and include information regarding how estimated costs were derived and are followed by an associated Summary Outputs
Table (Section 3.0) and Budget Table (Section 4.0). Specific project tasks detailed
below were developed to achieve the primary goals and objectives (outcomes) of the
project:
Task 1: Cooperative Agreement Oversight and Community Engagement
Total $52,200 ($10,000 Travel + $3,000 Supplies + $39,200Contractual)
Cooperative Agreement Oversight includes program and financial management to
ensure compliance with grant requirements; oversee data input to EPA’s ACRES database;
attend brownfield-related training and conferences; and submit quarterly, annual, and
final performance reports. If specific, eligible, and appropriate activities occur beyond the
priority sites are needed, the same process described herein will be followed as needed.
Community Engagement includes coordinating and conducting meetings and
developing materials. Grant-funded direct costs: Travel expenses (registration, airfare, lodging, and meals), supplies, and contractual costs for assistance with reporting and maintaining interactions with stakeholders. Non-EPA funded activities: In-kind staff oversight for administration, monitoring, reporting, and community engagement activities and attending training conferences. Task 2: Site Inventory and Prioritization Total $27,000 (Contractual) The Town will prepare a GIS brownfields site inventory and database for priority and target area sites described in Section 1.a.ii and include sites in underserved communities within the geographic area. These properties will be compiled, mapped, characterized, and prioritized by the BRAG and Town based on community vision, redevelopment potential, and community needs. A pool of sites will be selected for assessment from the target areas. If grant funds remain after addressing the priority sites, the most current EJ Screening Tool will be used to identify additional sites in underserved communities in the geographic area. Once sites have been identified, they will be selected using the same criteria. No assessments will be conducted prior to confirming eligibility with EPA and DEQ if applicable for petroleum sites using Property Approval Questionnaires (PAQs). Grant-funded activities: Contractual costs to update, maintain
inventory/database and prepare PAQs. Non-EPA funded activities: Staff
oversight, site prioritization, and property owner access coordination.
6
Task 3: Environmental Site Assessments (ESAs)
Total $270,800 (Contractual)
Upon receiving eligibility approval and access from property owners, approximately 13
Phase I ESAs will be conducted beginning with priority sites. Phase I ESA time and costs
are contingent upon property size, existing improvements, past uses, and extent of known or suspected Recognized Environmental Conditions (RECs). Based on Phase I ESA results, approximately 4 sites will be addressed through Phase II ESAs, which include (a) project work plans, i.e., generic Quality Assurance Project Plan (QAPP), site specific Health and Safety Plans (HASPs), and Sampling and Analysis Plans (SAPs); (b) soil, groundwater and/or air sampling; (c) lab analyses and data validation; and (d) summary reports with recommendations for further action, if warranted. Grant-funded activities: Contractual costs for assessments, work plans and reports. Non-EPA funded activities: In-kind staff oversight, coordination with property owners, and review of work products prior to EPA submittal. Task 4: Preliminary Planning for Remediation and/or Redevelopment Total $150,000 (Contractual) For some sites addressed through Phase II ESAs, preliminary remediation plans (Analyses
of Brownfields Cleanup Alternatives or ABCAs) and associated cost estimates will be
prepared to review alternatives for further environmental investigation and/or
remediation, if warranted. Staff and QEP will also work with stakeholders to conduct
preliminary redevelopment planning for selected target areas and/or sites to explore best
reuse and economic potential. This may include reuse plans, marketing/feasibility studies,
master plans, infrastructure evaluations, and conceptual development plans. Grant-
funded activities: QEP costs for remediation and redevelopment plans. Non-EPA
funded activities: Staff oversight, coordination with property owners and community
partners to prepare plans and review/approve work products.
3.0 OUTPUTS / OUTCOMES
Understanding that the grant period is not to exceed 4 years from award, the Town will focus on maintaining steady progress. Several methods will be utilized to keep the project on track toward the expected outcomes. As further detailed on Attachment 1, methods to remain on track include the following:
(a) For contractor selection and procurement, the Town will follow competitive
negotiation procedures required for public bodies in the state to obtain high quality professional services at reasonable cost. Procurement will be conducted
in a fair and impartial manner in compliance with all Federal and Virginia Public
Procurement requirements. The process will include public advertisement of a Request for Qualifications, followed by formal or informal interviews with top candidates if needed. Town staff will make recommendations to the Town Council for approval of a formal contract with a qualified firm. Based on the Town’s
7
experience with state and federal requirements, a consultant contract will be
accomplished within 90 days of receipt of EPA’s authorization to proceed with the
project.
(b) Once selected for a contract, consultants will develop a master project work plan to measure progress that will include detailed activities, schedules, budget, outputs and milestones keyed to outreach and reporting requirements. This project work plan will serve as a roadmap to help guide project progress throughout the 4-year project period and will be updated periodically as needed.
(c) With assistance from consultants, staff and stakeholders on the Town’s Brownfields Redevelopment Advisory Group (BRAG) will continue to assist with prioritization of sites in the target area from the Town’s brownfields inventory and
database. Sites will be categorized as being potentially impacted and then
prioritized for assessment based on basic site information, such as current owner,
past and current uses and a general characterization of potential impacts. Aerial
photographs, GIS mapping, tax records and historic resources, will be used to refine
the site mapping and database for ranking purposes by staff and stakeholder
representatives. This database will be used to identify and prioritize properties for
assessment, manage financial resources, track eventual cleanup and
redevelopment activities, and measure progress and success.
(d) Prioritization of sites will include specific selection criteria, such as (1) potential
impacts on public health and the environment; (2) proximity to water resources,
residential areas, and schools; (3) potential for reuse as greenspace or redevelopment; (4) degree to which site furthers objectives identified in the Town’s latest Comprehensive Plan; and (5) extent to which proposed redevelopment aligns with EPA/HUD/DOT Livability Principles, e.g., promoting equitable, affordable housing; enhancing economic competitiveness; and valuing and supporting existing neighborhoods.
(e) Consultants will prepare monthly reports keyed to the master plan to
summarize accomplishments. Reports will include milestones achieved, issues
encountered, billing and budget details, and schedule updates. Town staff will
utilize these consultant reports to gauge overall project progress, communicate
with constituents and prepare performance reports necessary to meet the
requirements of their cooperative agreement with EPA.
(f) Applicable site information will be regularly entered in EPA’s Assessment,
Cleanup and Redevelopment Exchange System (ACRES), and post-grant
information will be entered describing outcomes and benefits of the funding,
including number of jobs created and additional funds leveraged as a result of
the grant award.
8
Primary outcomes of this project include approximately thirteen (13) Phase I and four (4)
Phase II Environmental Site Assessments (ESAs), nine (9) project work plans, along with
associated administrative and community engagement activities in support of the
objectives outlined above. The completion of each project task detailed in Section 2.0 will
result in the specific deliverables or outputs and further detailed on Attachment 1:
9
TASK DESCRIPTION ANTICIPATED OUTPUTS
1a Cooperative Agreement Oversight & Reporting Quarterly Reports (4 / Year), Annual Reports (4), Closeout
Report (1), Property Profile Forms / ACRES Entries (17)
1b Community Involvement Community Meetings (8); Program Brochures (3); Media
Releases (6); Web Content (3)
1c Travel
Conferences (3) for 1-2 Staff, depending on event location
1d Other
Advertisement, Printing (5 Community or Site Events)
2 Inventory/Mapping/Database/Prioritization/Eligibity Site Inventory / Mapping / Database (1); Site Eligibility
Forms
3a Phase I ESAs
Phase I ESA Reports (13)
3b Phase II ESAs
Phase II ESA Reports (4)
3c
Quality Assurance Plans Phase II ESA Planning Documents including generic QAPP
(1), HASPs (4) and SAPs (4)
4 Site Remediation & Redevelopment Plans Site Specific Remediation / Redevelopment Plans
and/or Area Planning Documents (9)
4.0 BUDGET: $500,000
Budgets table below includes estimated direct and contractual costs for specific tasks
detailed in Section 2.0 and Budget Justification Worksheet (Attachment 2).
TASK
CATEGORY
1
Oversight /
Community
Inventory /
Prioritization /
Environmental
Site
Remediation /
Redevelopment
TOTAL
Travel $10,000 $0 $0 $0
Supplies $3,000 $0 $0 $0 Contractual $39,200 $27,000 $270,800 $150,000
1
5.0 QUALITY ASSURANCE PROJECT PLAN:
Prior to undertaking activities involving the collection of environmental samples, the Town’s
consultant will prepare and submit a generic Quality Assurance Project Plan (QAPP), which is
used for a typical site where Phase II assessments will be conducted. The QAPP describes typical
hazardous and petroleum projects, sampling and analytical strategies, and methods and procedures that will be used in all Phase II assessments. The program QAPP will be submitted at least 30 days prior to the initiation of any field activities and approval will be obtained prior to performing any field sampling. In the same timeframe and ahead of activities involving the collection of environmental samples, a Quality Management Plan to go with the QAPP will also be prepared and submitted for EPA approval. Site-specific Sampling and Analysis Plans (SAPs) and Health and Safety Plans (HASPs) will also be prepared and submitted for each property prior to undertaking any field sampling for individual sites undergoing Phase II Assessments.
6.0 LEVERAGING No direct leverage funding from public or private sources was identified in the Town’s proposal dated November 22, 2022. The Town’s committed investment in this project includes staff time to administer the grant, facilitate community involvement, coordinate site access, oversee site
selection and assessment activities, and review and submit reports.
7.0 PHASE I SITE ASSESSMENT CHECKLIST
For each Phase I Environmental Site Assessment, or AAI, conducted using EPA federal funds, the Town will complete, sign, date, and submit the required AAI checklist with each AAI/Phase I report submitted to EPA.
8.0 PRE-AWARD COSTS
Grantee is not requesting pre-award costs to be authorized.
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 1
Task 1: Cooperative Agreement Oversight and Community Engagement
Activity
(Commitment)
Expected
Timeframe
(Quarter/FFY)
(projected activities,
Outcomes
(projected results,
Actual
Accomplishments this
Procurement:
• Prepare Request For Proposals (RFP), evaluate
applications, conduct interviews (if needed),
hire qualified environmental consultant
1st Quarter
FY24
RFP; documentation of
meeting of open
competition; and
contract for scope of
services
Reporting:
• Prepare quarterly progress reports, quarterly
and annual MBE/WBE reports and FFR forms
• Prepare Property Profile Forms (PPFs) for sites
approved for assessment
• Enter site data in ACRES
• Prepare final report and grant closeout
Throughout
forms (16); Annual
reports and forms (4);
PPFs for approved sites
(~17); up-to-date
ACRES database; final
report and closeout
forms (1)
Training:
• Attend EPA National Brownfields
Conferences and state or regional
conferences.
TBD Brownfield conferences knowledge and expand
networking
opportunities
Steering Committee:
• Convene Brownfields Redevelopment Advisory
Group (BRAG) Citizens Committee
• Ensure that commitments made by CBOs in
proposal are implemented
1st Quarter
FY24
Ongoing
(approximate), meeting
agendas, attendance
lists and meeting notes.
Commitments from
CBOs.
motivated workgroup
driving Brownfields
initiatives
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 2
Task 1: Cooperative Agreement Oversight and Community Engagement (Continued)
Activity
(Commitment)
Expected
Timeframe
(Quarter/ FFY)
(projected activities,
Outcomes
(projected results,
Actual
Accomplishments this
• Prepare and maintain Community
Involvement Plan to guide broader
community support in target areas
2nd Quarter
FY24
Community
Involvement Plan (1)
An engaged community
providing input for BF
initiatives
Develop / Disseminate Marketing Materials:
• Create brochure(s) targeting private & public
property owners, lenders and developers
• Create Brownfields FAQs and fact sheet(s)
• Prepare/update Brownfields Program page
on coalition member websites (3)
2nd / 3rd
Quarter
FY24
Brownfields Program
brochures (3); media
releases (6); web page
(3)
Up to date marketing
tools to promote
project work and
disseminate
information
Implement outreach strategy in target areas:
• Meet w/ local community organizations
and/or attend community meetings
• Provide annual project updates to elected
officials through advertised public meetings
• Publish program info in local paper and
post notices on coalition websites, and
other commonly visiting public spaces
• 2nd Qtr FY24
• Throughout
• Throughout
Give presentations at
up to 5 meetings, with
1 round of ads/postings
per meeting
Improve community
knowledge on BF issues
and identify potential
BF sites
Hold local public meeting on Phase II sites:
• Discuss Phase II results, and potential cleanup
and redevelopment plans, as warranted
As necessary
Local public meeting(s)
as warranted,
Encourage public
participation and
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 3
TASK 2: Site Inventory / GIS Mapping / Database / Prioritization / Access Coordination
Activity
(Commitment)
Expected
Timeframe
(Quarter/FFY)
(projected activities,
Outcomes
(projected results,
Actual
Accomplishments this
• Complete site inventories, database and GIS
2nd – 3rd Qtr
Up-to-date GIS map
Graphical capturing of
Site prioritization and eligibility determination:
• Convene Brownfields Task Force meeting to
rank and prioritize identified sites
• Choose initial sites for Phase I investigation
• Evaluate site access issues
• For each selected site, provide site eligibility
information to EPA
• Obtain EPA approval
2nd Quarter
FY24
Planning meetings; EPA
PAQ’s
12-15 brownfields will
be identified with the
highest redevelopment
and community benefit
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 4
TASK 3: Environmental Site Assessments – Phase I ESAs
Activity
(Commitment)
Expected
Timeframe
(Quarter/FFY)
(projected activities,
Outcomes
(projected results,
Actual
Accomplishments this
• Conduct planning meetings with consultant to
2nd Quarter
Planning meetings;
Approx. 13 high
• Obtain access agreements and perform Phase I
FY24 Approx. 12-15 approved
PAQ’s sites assessed
• Consultant submits draft Phase I reports to
Throughout Updated ACRES database
project team members
• Team reviews/comments on draft Phase I
Total acres assessed
• Consultant submits final Phase I report to EPA
through Phase I ESAs
(TBD)
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 5
TASK 3: Environmental Site Assessments – Phase II ESAs
Activity
(Commitment)
Expected
Timeframe
(Quarter/ FFY)
(projected activities,
Outcomes
(projected results,
Actual
Accomplishments this
• Meet with Brownfields Task Force regularly to
th
Project planning
Approx. 4 high priority
• Obtain EPA approval to proceed with Phase II
• Consultant prepares required work plans to
Throughout
approved for Phase II investigation.
further investigation
and potential
Phase II investigation:
• Consultant submits draft site-specific SAPs to
project team for review and comments
• EPA/state approval is obtained and consultant
submits final SAP to team
• Consultant performs field work according to
plan
• Consultant submits draft Phase II report to
project team for review and comments
• Project team & Task Force evaluate Phase II
findings and implement additional Phase II
investigations as appropriate
documenting
assessment results;
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 6
TASK 3: Environmental Site Assessments – Project Work Plans
Activity
(Commitment)
Expected
Timeframe
(Quarter/FFY)
(projected activities,
Outcomes
(projected results,
Actual
Accomplishments this
• Meet with consultant to develop quality
3rd Quarter
Approx. 4 approved
Approx. 4 high priority
• Consultant submits EPA approved generic
Throughout Site Specific Plans (2) ready for cleanup and
ATTACHMENT 1 – OUTPUTS / OUTCOMES AND SCHEDULE OF ACTIVITIES AND DELIVERABLES
ATTACHMENT 1 – PAGE 7
TASK 4: Preliminary Planning for Remediation and Redevelopment
Activity
(Commitment)
Expected
Timeframe
(Quarter/FFY)
Outputs
(projected activities,
deliverables, reports)
Outcomes
(projected results,
effects, improvements)
Actual
Accomplishments this
Quarter
• Meet with consultant to develop draft clean-4th
• Perform public outreach and involvement in
Throughout plans; public meetings
for site reuse planning Total acres ready for
ATTACHMENT 2 – BUDGET JUSTIFICATION WORKSHEET
Town of Vinton, Virginia
ATTACHMENT 2 – BUDGET JUSTIFICATION WORKSHEET
Page 1 of 2
BUDGET
TASK 1 - COOPERATIVE AGREEMENT OVERSIGHT & COMMUNITY ENGAGEMENT
Average travel expenses for 1 staff person to attend 2 national brownfields conferences:
2,000
Hotel: 1 person x $200 per night x 3 nights x 2 conferences 1,200
Registration: 1 person x $255 x 2 conferences 510
Meals: 1 person x $70 per day x 4 days x 2 conferences 560
Subtotal $4,270
Average travel expenses for 2 staff persons to attend 3 state or regional conferences:
Subtotal $5,730
SUPPLIES TOTAL $ 3,000
CONTRACTUAL TOTAL $39,200
TASK 1 - TOTAL BUDGET $52,200
TRAVEL TOTAL $10,000
ATTACHMENT 2 – BUDGET JUSTIFICATION WORKSHEET
Town of Vinton, Virginia
ATTACHMENT 2 – BUDGET JUSTIFICATION WORKSHEET
Page 1 of 2
TASK 2 - SITE INVENTORY & PRIORITIZATION
-Develop/maintain GIS site inventory 7,000
-Site access coordination, preparation and PAQs @ $1,250 qtr / $5,000 yr 20,000
TASK 2 TOTAL BUDGET $27,000
TASK 3 – ENVIRONMENTAL SITE ASSESSMENTS (ESAs)
-Phase I ESAs 13 @ $5,400 / assessment (average)70,200
-Phase II ESAs 4 @ $45,000 / assessment (average)180,000
-Project Work Plans (9)20,600
o Generic Quality Assurance Project Plan (1 @ $6,000)
o Site Specific Health & Safety Plans (4 HASPs @ $1,000 average- $4,000)
o Site Specific Sampling & Analysis Plans (4 SAPs @ $2,650 average- $10,600)6,000
TASK 3 TOTAL BUDGET $270,800
TASK 4 – REMEDIATION / REDEVELOPMENT PLANS
-2 Prelim Site Remediation Plans (ABCA’s) (2 @ $15,000)30,000
-Site Specific Redevelopment/Reuse Plans (4 @ $15,000)60,000
-Area-wide Redevelopment Plans/Studies (3 @ 20,000)60,000
TASK 4 TOTAL BUDGET $150,000
TOTAL BUDGET $500,000
October 2, 2023
Submitted via email
Mr. Richard Peters
Town Manager
Town of Vinton
Town Administration
311 South Pollard Street
Vinton, VA 24179
RE: Contract/Fee Proposal for Brownfields Site Assessments and Related Services
2023-2027 EPA Community-wide Brownfields Assessment Program
TRC Proposal No. 563024.9990.0000
Dear Mr. Peters:
Congratulations on your second U.S. Environmental Protection Agency (USEPA) Brownfields
Assessment Grant award! The TRC team is excited at the opportunity to provide our scope of
services and fee proposal for the above referenced program to the Town of Vinton (Town, TOV).
Our understanding of the project is based on our close involvement with your brownfields
redevelopment journey to date. Our proposed scope of services is in accordance with the Town’s
vision for brownfields redevelopment and consistent with the Workplan and the Cooperative
Agreement with USEPA.
Our proposal is also consistent with our comprehensive Qualifications package/Professional
Services proposal dated September 1, 2023, submitted in response to the Town’s Request for
Proposal (RFP) dated August 11, 2023; and your notification of our selection on October 2, 2023.
We thank you very much and are pleased to submit this fee proposal for your review and approval.
I. PROJECT DESCRIPTION
In 2023, USEPA selected the Town of Vinton to receive a Community-Wide Brownfields
Assessment Grant. The grant will be managed and executed by the Town. As further detailed in
the Scope of Services Section below, the $500,000 grant award will be used to develop/expand
a community-wide brownfields site inventory and database; prioritize sites based on specified
criteria; conduct Phase I and Phase II environmental site assessments; prepare associated
project documents and workplans, cleanup and redevelopment plans; and facilitate community
engagement activities. The grant funds will also be used for Town staff attendance at Brownfields
conferences, supplies, and related direct costs.
Mr. Richard Peters
October 2, 2023
Page 2
II. SCOPE OF SERVICES
Services to be provided by TRC are detailed below, and are intended to accomplish the project
goals within the 4-year grant performance period (closing on 9/30/2027). Town of Vinton will
oversee the program and execute program related activities and direct our services, which will be
in the form of in-kind services, that are not provided in this proposal but described in the EPA
Cooperative Agreement. As we provided in your last grant cycle, we propose and stand ready to
serve the Town on all facets of the program as described further below, and consistent with your
expectations on the level of our involvement in the various grant activities.
Task 1: Program Administration/Community Engagement – We will provide direct assistance
to the Town to address and complete the administrative requirements of your EPA Grant.
Cooperative Agreement management includes activities integral to achieving the purpose of the
grant, e.g., program development, project oversight, administration including facilitating and
participating in kickoff and other meetings, performance monitoring and reporting (including
periodic updates as required to the Assessment, Cleanup and Redevelopment Exchange System
(ACRES)). Community Engagement activities include providing technical assistance to engage
and maintain interaction with stakeholders and the community throughout the project, at the
discretion of the Town. Primary activities may include (1) developing news releases for local
media and developing content for a brownfields webpage on the Town’s website, to provide
project updates, and cite success stories; (2) preparing educational and outreach materials
describing the program and its benefits to property owners, developers and citizens; (3)
conducting windshield tours for prospective developers; and (4) facilitating advertised public
informational meetings for affected residents and businesses; and any other actions or
combination of activities at the preference of the Town, that serve the goals of this task.
Task 2: Brownfields Inventory Mapping / Database, Preliminary Site Characterization,
Eligibility Determinations, Prioritization and Access Coordination – We will begin the
program by expanding the Town’s existing inventory of brownfields and develop a database and
mapping for sites. Properties will be compiled, characterized, and prioritized, and a pool of sites
will be selected for assessment. The number of sites chosen will depend upon property access
considerations and estimated assessment costs. No assessments will be conducted prior to
confirming eligibility with EPA, and when applicable, with DEQ for petroleum sites.
Task 3: Environmental Site Assessments (ESAs) – Upon receiving eligibility determinations
and access from property owners, we will conduct Phase I ESAs for the brownfields sites.
Approximately 13 Phase I ESAs are anticipated but can be less or more depending on the nature,
size and complexity of selected sites. ESAs will be compliant with ASTM E1527-21, which meets
EPA’s latest All Appropriate Inquiry standard. Costs for Phase I ESAs are contingent upon many
factors, e.g., property size, existing improvements, past uses, and extent of known or suspected
Recognized Environmental Conditions (RECs).
Based on Phase I ESA results, sites will be evaluated to determine which require Phase II ESAs,
which will include (a) project planning activities, e.g., site specific Health and Safety Plans
(HASPs), and Sampling and Analysis Plans (SAPs)/Field Sampling Plans; (b) soil, vapor and
groundwater sampling; (c) lab analyses; and (d) summary reports with recommendations for
further action, if warranted. In addition, we will complete other EPA required documentation
including Quality Assurance Project Plan (QAPrP) and Quality Management Plan (QMP), and any
other documentation that becomes required by EPA or other related agencies throughout the
Program. We expect to complete 4 Phase II ESAs within the grant cycle. Similarly, as noted
Mr. Richard Peters
October 2, 2023
Page 3
under Phase I ESAs, the number of completed Phase II ESAs can be more or less depending on
the size and complexity of sites selected for Phase II ESAs.
In addition, the current grant also supports funding for assessment of asbestos containing
materials (ACM) among other miscellaneous types of environmental assessments that are
typically not covered under a Phase I or a Phase II ESA. At the discretion of the Town a certain
number of such assessments may be completed under this grant cycle.
Task 4: Preliminary Planning for Remediation and Redevelopment – For some sites, if
warranted, preliminary remediation plans will be prepared to review alternatives for further
environmental investigation and/or remediation (these may also include ACM
assessment/abatement workplans). Preliminary cost estimates for alternatives and reports will be
prepared for the proposed remedial actions. At the discretion of the Town preliminary area-wide
or site-specific conceptual redevelopment planning for selected target areas and/or individual
properties to explore best reuse and economic potential of assessed sites, may be completed.
This could include marketing/feasibility studies such as previously completed hotel prospect
studies, conceptual development plans for target areas and specific sites, etc., the specifics of
which will be determined and implemented in coordination with the Town to meet your priorities
and goals.
III. SCHEDULE
As required by the Town’s Cooperative Agreement with EPA, the project is expected to be
complete no later than September 30, 2027. An overall project schedule was developed and
submitted in our comprehensive Qualifications package, previously submitted to the Town of
Vinton, which we will finalize and implement in coordination with you and will substantially comply
with the target milestone dates.
IV. FEES
We propose to complete this project in accordance with this proposal, the Town’s Request for
Proposals dated August 11, 2023 for implementation of your Brownfields Program including the
general terms and conditions in the RFP, and our related proposal dated September 1, 2023, and
made a part of this proposal by reference. The specific project tasks described herein will be
completed for a total lump sum fee of $487,000, consistent with the general breakdown
between major Tasks 1-4 described in the scope of services as finalized in your
performance agreement with EPA. Prior to individual tasks being initiated, specifically
assessments such as Phase I/II ESAs, and redevelopment/cleanup plans, we will discuss with
you closely, communicate the estimated scope and fee and with your approval further submit for
EPA approval, and with that received, tasks will be undertaken.
We will invoice the Town monthly based on percentage of services completed. The total fees will
be invested in general accordance with the Cooperative agreement, and the Workplan and tasks
within. However, final allocation of budgeted fees and expenditures may vary among individual
tasks as necessary to meet objectives of the Town of Vinton, to the extent permitted by the
Cooperative Agreement, as they evolve through the project duration, size and complexity of
chosen sites, and EPA requirements.
Mr. Richard Peters
October 2, 2023
Page 4
V. ADDITIONAL SERVICES
Any related additional services requested can be undertaken on a time and material basis or
negotiated lump sum fee based on your requirements in addition to the fees outlined herein. If
any additional services should become necessary or desirable, a written Request for Additional
Services will be submitted for your review and approval.
On behalf of TRC, thank you again for allowing us the opportunity to provide our professional
services for Town of Vinton’s Brownfields redevelopment program. If this proposal meets your
approval, please sign and return one copy of the Authorization to Proceed below. Please do not
hesitate to contact us if you have any questions or require any additional information.
Sincerely,
TRC Engineers, Inc.
Sri Nathella, PE
Division Manager/Brownfields Program Manager
Ken Piazza, PE
Vice President
Attachments
TRC 2023 Bill Rate Table
Mr. Richard Peters
October 2, 2023
Page 5
Acceptance of TRC Proposal No. 563024
Attention: Sri Nathella
Acceptance
TRC’s proposal is to provide environmental services as described in this proposal.
Authorization for TRC to commence work included in the above-referenced Proposal constitutes
acceptance of this Agreement. Acceptance can be made by signing in the place provided below
or by receipt of your alternative written authorization for TRC to commence work. Acceptance is
limited to the terms stated herein, and any additional or different terms are rejected unless
expressly agreed to in writing by TRC.
Basis for Payment
Time and Materials
APPROVED AND ACCEPTED AS OF THE DATE SHOWN BELOW:
TRC Engineers, Inc. Client
By: By:
Signature Signature
Kenneth M. Piazza Jr., P.E.
Printed Name Printed Name
Vice President/Env. Regional Manager
Title Title
October 2, 2023
Date Date
TRC Environmental 2023 Rate Schedule
CODE TRC LABOR EV P-CODES 2023 HOURLY
LABOR RATE
Principal/Technical Director
EV28 Level IV $350
EV27 Level III $305
EV26 Level II $273
EV25 Level I $253
Program Manager/Senior Technical Manager
EV24 Level IV $245
EV23 Level III $227
EV22 Level II $221
EV21 Level I $211
Project/Technical Manager
EV20 Level IV $203
EV19 Level III $194
EV18 Level II $186
EV17 Level I $180
Senior Scientist/Engineer/Specialist
EV16 Level IV $172
EV15 Level III $163
EV14 Level II $156
EV13 Level I $149
Project Scientist/Engineer/Specialist
EV12 Level IV $142
EV11 Level III $134
EV10 Level II $128
EV09 Level I $119
Scientist/Engineer/Specialist, Technicians, and Project Support
EV08 Level VIII $113
EV07 Level VII $106
EV06 Level VI $97
EV05 Level V $91
EV04 Level IV $82
EV03 Level III $75
EV02 Level II $68
EV01 Level I $55
(1) A 15% Mark-up will be added to non-labor costs and expenses/ODCs. The Markup does not apply to equipment & laboratory rates below.
(2) A 6% Communication/Digital Fee will be applied to labor charges in lieu of separate reimbursement for digital productivity
solutions/applications, photocopying, report production, software usage, and postage costs. Digital solutions/applications include mobile and
desktop applications for data collection, hosting, visualization, and automated workflows, excluding custom development as required on a per
project basis.
(3) Overtime rates will apply to non-exempt (hourly) staff in conformance with applicable law.
(4) TRC rates are subject to an annual calendar year escalation
(5) Invoicing will apply TRC billing rates in conformance with the rate schedule in effect at the time of the services.
(6) A 2% fee will be applied to the invoice amount to cover Professional Liability and related insurance costs.
(7) For Litigation or Litigation Support Services, please request a copy of our Standard Rates for Litigation Services
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
OCTOBER 17, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA 24179.
WHEREAS, the U.S. Department of Environmental Protection Agency (EPA) desires to
promote the restoration and redevelopment of brownfield sites and to address
environmental problems or obstacles to reuse so that such sites can be effectively
marketed to new economic development prospects; and
WHEREAS, the U.S. Department of Environmental Protection Agency (EPA) administers a
Community-wide Brownfields Assessment Grant to assist with local government
efforts to identify and promote the redevelopment of brownfields sites within their
communities; and
WHEREAS, the Town of Vinton successfully applied and has been awarded a $500,000
Community-wide Assessment Grant from the EPA, has successfully completed
the pre-contract terms of the grant award, and entered into a Cooperative
Agreement with the EPA; and
WHEREAS, the Town of Vinton desires to procure the services of a qualified environmental
consulting firm to assist with the grant administration, conduct the environmental
assessments, prepare conceptual site plans, establish marketing materials and
assist with coordination of the steering committee; and
WHEREAS, the Town of Vinton issued a Request for Proposal (RFP) and through a RFP
Review Committee has successfully scored, ranked and has selected a qualified
firm to provide the desired environmental consulting services.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1.The Contract for Environmental Consulting Services 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 behalf of the Town, to execute and then
deliver the Contract for Environmental Consulting Services in furtherance of the same.
2
This Resolution was adopted on motion made by Council Member ____________, seconded by
Council Member _________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
______________________________
Bradley E. Grose, Mayor
ATTEST:
Antonia Arias-Magallon, Town Clerk
Meeting Date
October 17, 2023
Department
Finance
Issue
Finance Committee
Summary
The Finance Committee met on October 16, 2023, and the following items were discussed at the
meeting:
a. July 31, 2023 Financial Statements
b. August 31, 2023 Financial Statements
c. Approval of 2024 Committee Meeting Dates
Attachments
None
Recommendations
Approval of Financial Statements for July 31, 2023, and August 31, 2023.
Town Council
Agenda Summary
Meeting Date
October 17, 2023
Department
Planning and Zoning
Issue
Community Development Committee
Summary
The Community Development Committee met on October 11, 2023, and the following items were
discussed at the meeting:
a.Economic Development Incentive for Tacorita
b.Downtown Fire Block Update
c.Hotel Development Project Update
d.HSIP & SGR Grant Applications (W. & E. Virginia Ave./ S.
Pollard St. / Hardy Rd.)
e.EPA Brownfield Grant RFP Results/Next Steps
f.Tree Inventory Grant Summary
g.Multi-Generational Park Project Update
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
October 17, 2023
Department
Council
Issue
Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of
Virginia, as amended, for discussion of the annual performance of the Town Manager.
Summary
None
Attachments
Certification of Closed Meeting
Recommendations
No action required
Town Council
Agenda Summary
AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
OCTOBER 17, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
CERTIFICATION THAT A CLOSED MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting
on this date, pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3711 (A) (1) of the 1950 Code of Virginia requires a certification by
the Vinton Town Council that such closed meeting was conducted in conformity
with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that
to the best of each member's knowledge:
1.Only public business matters lawfully exempted from opening meeting
requirements by Virginia law were discussed in the closed meeting to which this
certification applies; and
2.Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Town Council.
Motion made by _____________________ and seconded by ____________________ with all in
favor.
___________________________________
Clerk of Council
Meeting Date
October 17, 2023
Department
Council
Issue
Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of
Virginia, as amended, for discussion of the appointing of the Town Treasurer effective November
1st, 2023.
Attachments
Certificate of Closed Meeting
Recommendations
None
Town Council
Agenda Summary
AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
OCTOBER 17, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
CERTIFICATION THAT A CLOSED MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting
on this date, pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3711 (A) (1) of the 1950 Code of Virginia requires a certification by
the Vinton Town Council that such closed meeting was conducted in conformity
with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that
to the best of each member's knowledge:
1.Only public business matters lawfully exempted from opening meeting
requirements by Virginia law were discussed in the closed meeting to which this
certification applies; and
2.Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Town Council.
Motion made by _____________________ and seconded by ____________________ with all in
favor.
___________________________________
Clerk of Council