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HomeMy WebLinkAbout10/5/2021 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, October 5, 2021 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of minutes of Regular Meeting of September 21, 2021 2. Consider adoption of a Resolution appropriating funds in the amount of $2,864.56 received for scrap metal and a hydraulic oil settlement to the Public Works budget. 3. Consider adoption of a Resolution appropriating funds in the amount of $30,000.00 for improvements to the Garthright Bridge 4. Consider adoption of Resolution appropriating funds in the amount of $479.98 from the Revenue Account-Recoveries and Rebates to the Police Department Operating Budget Account-Maintenance and Repair of Equipment to repair a police vehicle G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Presentation on the Virginia Association of Counties Achievement Award (VACo) and the International Economic Developers Council (IEDC) – Roanoke County Town of Vinton Business District Revitalization Project – Jill Loope, Roanoke County Director of Economic Development Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY J. TOWN MANAGER 1. BRIEFINGS a. Briefing on the transfer of title to six parcels of real estate in the Vinton Business Center from the Town of Vinton to the Roanoke County Economic Development Authority (“EDA”) – Town Manager 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution appropriating funds from the ATF – Recoveries Restricted Cash Account in the amount of $74,159.00 to the ATF Special Projects Account to purchase 16 body-worn cameras and in- car cameras to include installation and accessories – Anne Cantrell/Chief Drumond b. Consider adoption of a Resolution authorizing the Town Manager to execute a lease with VINDOS LLC. for a certain lot lying to the rear of the former Vinton Branch Library on the southeast side of Meadows Street and below the storm water detention basin for the Vinton War Memorial located in the Town of Vinton, Virginia – Town Manager 3. PROJECT UPDATES/COMMENTS K. REPORTS FROM COMMITTEES 1. Finance Committee – Anne Cantrell 2. Public Works Committee – Bo Herndon L. COUNCIL M. MAYOR N. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (6) of the 1950 Code of Virginia, as amended, for discussion of the investment of public funds in the town-owned sewer and water system where bargaining is involved and where, if made public initially, the town’s financial interest would be adversely affected. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as amended, for discussion of the award of a new or amended public contract concerning the town-owned sewer and water system, where discussion in an open session would adversely affect the town’s bargaining position or negotiating strategy. 3 O. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING P. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: October 19, 2021 – 6:00 p.m. – Regular Council Meeting NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date October 5, 2021 Department Town Clerk Issue Consider approval of minutes of the Regular Meeting of September 21, 2021 Summary None Attachments September 21, 2021 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, SEPTEMBER 21, 2021, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall MEMBER ABSENT: Susan N. Johnson, Executive Assistant/Town Clerk STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Jeremy Carroll, Town Attorney Fabricio Drumond, Police Chief Anita McMillan, Planning & Zoning Director The Mayor called the regular meeting to order at 6:00 p.m. The Town Manager with Mullins, Council Member Stovall, McCarty and Mayor Grose present. Roll call After a Moment of Silence, Andrew DiCarlo led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: September 25 – 7-10:00 p.m. – Mingle at the Market with Five Dollar Shake – Farmers’ Market; September 30 – 7:45 a.m. - Tractor Supply Ribbon Cutting - Shopping Center; October 2 – 10:00 a.m.-4:00 p.m. – Vinton Fall Festival in the Downtown and Market area with Pickin’ and Grinnin’ - 3- High-Fidelity Bluegrass Bank – 5:30 p.m. – Farmers’ Market; October 3 – 3-5:00 p.m. - Hunger and October 9 – 10:00 a.m.-2:00 p.m. – Unique2 Pop Up Sale – Farmers’ Market. Vice McCarty also commented on the success of the Lee Avenue Street Party and the Senior Expo. Under requests to postpone, add to or change that Chief Travis Griffith was not able to attend the meeting to give the update on the Vinton Fire and Rescue Station #2 giving that update at a later meeting. 2 Council Member Stovall made a motion to adopt the Consent Agenda as presented; the motion was seconded by Council Member Mullins by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Meeting of August 17, 2021 Under awards, introductions, presentations and proclamations, comments concerning a search for a juvenile who ran away from his residence in the Town of Vinton on July 6, 2021. Detective Valerie Cummings and Dete Detectives and Officers worked for the safe return of the juvenile. recognized the juvenile standing outside the Police Department and aided the and Paul Miller were each of Excellence Mayor. The update on the Vinton Fire and Rescue meeting. Hearing to consider public comments regarding the proposed granting of a lease to VINDOS LLC. for a certain lot lying for the Vinton War Memorial identified as 060.16- 06-33.00-000, all of which is located in the Town of Vinton, Virginia, said lease to be for a ten-month period with no more than four additional one-year renewal terms. Hearing at 6:18 p.m. The Town Manager commented this is a renewal of the lease with Macado’s for the back parking lot for their patron and employee parking. The term of the new Lease Agreement will be for an initial ten- month period ending on June 30, 2022 to align with all of our other leases. There is an option to renew for four additional one-year terms is essentially the same that we have with our other tenants in the community. Public Hearing opened 3 Hearing no public comments, the Public Hearing was closed at 6:20 p.m. meeting. Public Hearing closed The next item on the agenda was to consider adoption of a Resolution Understanding (MOU) Roanoke, Town of Vinton, Roanoke Valley Convention and Visitors Bureau for the 2021 Ironman 70.3 Race Support Services. The Town Manager commented that on June 6, 2021 postponed due to the COVID-19 Pandemic. It was the intention of the organizers to host this event in commitments for the next two years. The MOU is essentially the same as Council authorized in the Spring of 2021. A major change is language that the would be the preferred route, but if it is not another route would be mutually agreed upon by all of the participating local governments for 2022 and 2023. They will again traffic closure. Council Member Mullins the Resolution seconded by Vice Mayor McCarty Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. that the Parkway has a new Superintendent. He there is a process for the permitting, but he does not believe that they can extend it beyond one year at a time. Adopted Resolution No. 2450 authorizing Counties of Roanoke and Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau for the 2021 Ironman 70.3 Race Support Services The next item on the agenda was to consider adoption of a Resolution 4 Policies and Procedures. Council was briefed on this matter at their August 17, 2021 meeting. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Liles following roll call vote, with all members Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2451 approving new Grant Policies and Procedures The next item on the agenda was to consider adoption of a Assignments of Rights to purchase portions of the following real estate Tax Parcel Nos. 060.14-02- 19.00-0000, 060.15-02-01.01-0000, and 060.14- 02-17.00-0000, located in the Town of Vinton, and closing on the p Walnut Avenue for the Walnut Avenue Bicycle and Street to the Town’s West Limits. first commented that matter at their August 17, 2021 meeting. The total amount of the right-of- the Town to fund these purchases. Ms. McMillan next commented that Council was Resolution. The Mayor requested that the Town Clerk prepare a formal letter of appreciation to send to Pathfinders for the Greenways for their donation. Council Member Liles made a motion to adopt the Resolution as revised; the motion was seconded by Vice Mayor McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – (0) – None. Adopted Resolution No. 2452, as revised, estate Tax Parcel Nos. 060.14-02-19.00- 0000, 060.15-02-01.01-0000, and 060.14- 02-17.00- Vinton, and authorizing the exercise of the Assignment and closing on the portions of the properties along Walnut Avenue for the Walnut Avenue Bicycle and Pedestrian Accommodations Project from 5th Street to the Town’s West Limits The next item on the agenda was to consider a Southern (NS) Railway Company and the Town of 5 trail to be constructed on NS’s property as part of the Walnut Avenue Bicycle and Pedestrian Accommodations Project from 5th Street to the Town’s West Limits. A commented that Council was briefed on this matter at their August 17, 2021 meeting. This License Agreement will allow the current dirt footpath to be onto the sidewalk under the bridge. In response to a question if the low-water bridge is going to be redone one day, commented that it will eventually be replaced. It will always be a low- Norfolk Southern overpass, but they plan to widen it to accommodate pedestrians and cycling. Vice Mayor McCarty made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2453 authorizing Agreement between Norfolk Southern (NS) Railway Company and the Town of Vinton in the amount of $9,400.00 for a pedestrian trail to be constructed on NS’s property as 5th Street to the Town’s West Limits The Town Manager commented that he is in hotel project and has site plan. are making initial comments back before they send them review. With regard to the Gish Mill project, we have received the Department of Historic of design work has been going on Summer. The Town Manager next commented that the City of Roanoke has taken some formal action publicly and Roanoke County continues to meet on the use of their American Rescue Plan Act (ARPA) Funds Town Staff has been working pretty consistently on putting budgets and cost estimates together have area between Maple and Blair. We will be having some work sessions with to share Staff ideas and 6 intentional to see what others are doing because it is new territory for us all and we want to make sure we are doing it correctly. 3rd melted in the cabinet and the system could not be re- materials. As part of our upcoming CIP, we are replace all of the traffic signals Council made comments on the “A Penny for your Thoughts Update, new Town Employees, new fencing at the Farmers’ Market, the upcoming opening of Tractor Supply and a recent event at the War Memorial that brought individuals back to check out Vinton. The Mayor made comments on Town Staff, the Mayor’s report, the State of the City address, the Roanoke Regional Partnership Investors Update, a Proclamation that was issued for National Disability Voter Registration Week for the week of September 13-20 and the success of the Lee Avenue party. Vice Mayor McCarty announced the upcoming Roanoke County 200 Plan for the Bonsack/Vinton September 30th from 4-8:00 p.m. at the Charles R. Hill Community Center. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Richard W. Peters, Jr., Acting Town Clerk Meeting Date October 5, 2021 Department Public Works Issue Consider adoption of a Resolution appropriating funds in the amount of $2,864.56 received for scrap metal and a hydraulic oil settlement to the Public Works budget. Summary The Town of Vinton received $2,770.50 for scrap metal from the Public Works Department through D. H. Griffin Wrecking Co., Inc. and received $94.06 for a tractor hydraulic fluid settlement through Allicks. It is necessary to appropriate the funds to the Public Works Operating Budget Account Number 200.1221.350 Town Garage, Maintenance and Repairs Building. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 5, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton received $2,770.50 for scrap metal from the Public Works Department through D. H. Griffin Wrecking Co., Inc. and received $94.06 for a tractor hydraulic fluid settlement through Allicks; and WHEREAS, the revenue received from both the scrap metal and the tractor hydraulic settlement has been received into the Revenue Account 200.1901.001– Recoveries and Rebates in the total amount of $2,864.56; and WHEREAS, in order that the money can be used for building needs and repair work in the Public Works Department, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Public Works Operating Budget Account Number 200.1221.350 Town Garage, Maintenance and Repairs Building. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $2,864.56 200.25000 Estimated Revenue $2,864.56 FROM REVENUE: 200.1901.001 Recoveries and Rebates $2,864.56 TO EXPENDITURE: 200.1221.350 Maintenance & Repair Building $2,864.56 This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 5, 2021 Department Finance/Treasurer Issue Consider adoption of a Resolution appropriating funds in the amount of $30,000.00 for improvements to the Garthright Bridge Summary In Fiscal Year (FY) 2018, the Town set aside $30,000 towards improvements at Garthright Bridge; and the available funding has been reported as a committed fund balance in the annual financial report since FY 2018; and Since the Town has started to move forward with contractual design to make improvements to the bridge, it is necessary for the Vinton Town Council to appropriate the funds from the committed fund balance account in the amount of $30,000 to the Maintenance, Streets, and Bridges Contractual Services account. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 5, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, in Fiscal Year (FY) 2018, the Town set aside $30,000 towards improvements at Garthright Bridge; and WHEREAS, the available funding has been reported as a committed fund balance in the annual financial report since FY 2018; and WHEREAS, the Town has started to move forward with contractual design to make improvements to the bridge; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the committed fund balance account in the amount of $30,000 to the Maintenance, Streets, and Bridges Contractual Services account. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25000 ESTIMATED REVENUE $30,000 200.25100 APPROPRIATIONS $30,000 FROM REVENUE: 200.1899.008 RE-APPROPRIATED FUND BALANCE $30,000 TO EXPENDITURE: 200.4101.302 CONTRACTUAL SERVICES $30,000 TOTAL $30,000 This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 5, 2021 Department Police Issue Consider adoption of Resolution appropriating funds in the amount of $479.98 from the Revenue Account-Recoveries and Rebates to the Police Department Operating Budget Account- Maintenance and Repair of Equipment to repair a police vehicle Summary On December 20, 2020, Unit 1137 was damaged after being struck by a truck in the Kroger parking lot. The proper insurance filings were made to the Virginia Risk Sharing Association (VRSA) and has been received into the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $479.98 It is necessary for Council to appropriate the funds from the Revenue Account-Recoveries and Rebates to the Police Department Operating Budget-Maintenance and Repair of Equipment for repair of the said vehicle. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 5,2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on December 20, 2020, Unit 1137 was damaged after being struck by a truck in the Kroger parking lot; and WHEREAS, the proper insurance filings were made to the Virginia Risk Sharing Association (VRSA) and has been received into the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $479.98; and WHEREAS, in order for the repair work to be completed, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget Account Number 200.3101.304 – Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $479.98 200.25000 Estimated Revenue $479.98 FROM REVENUE: 200.1901.001 Recoveries and Rebates $479.98 TO EXPENDITURE: 200.3101.304 Maintenance & Repair of Equipment $479.98 TOTAL $479.98 This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date October 5, 2021 Department Administration Issue Presentation on the Virginia Association of Counties Achievement Award (VACo) and the International Economic Developers Council (IEDC)– Roanoke County Town of Vinton Business District Revitalization Project Summary Roanoke County was selected as one of the 30 winners in the VACo 2021 Achievement Awards, as well as being recognized by the IEDC the for their submission of the Town of Vinton Business District Revitalization Project. Jill Loope, Roanoke County Director of Economic Development will give a presentation to Council on this award. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date October 5, 2021 Department Administration Issue Briefing on the transfer of title to six parcels of real estate in the Vinton Business Center from the Town of Vinton to the Roanoke County Economic Development Authority (“EDA”) Summary The Town currently owns one-half (1/2) interest in six parcels totaling approximately 71 acres in the Vinton Business Center. Four of these parcels are developable and being actively marketed for economic development purposes. Roanoke County owns the remaining one-half (1/2) interest in these six parcels. It has been the practice to first convey property to the EDA, allowing the EDA to convey the property to the economic development prospect. The Town and County have agreed to transfer the six parcels to the EDA in order to shorten the time period in concluding any economic development transactions. Roanoke County will have a first reading of their Ordinance at their October 5, 2021 meeting with a second reading on October 19, 2021. A Public Hearing will be advertised for our October 19, 2021 meeting and Council will be asked to consider adoption of a similar Ordinance at that meeting. Attachments None Recommendations Advertise for Public Hearing Town Council Agenda Summary Meeting Date October 5, 2021 Department Police Issue Consider adoption of a Resolution appropriating funds from the ATF – Recoveries Restricted Cash Account in the amount of $74,159.00 to the ATF Special Projects Account to purchase 16 body- worn cameras and in-car cameras to include installation and accessories. Summary The Vinton Police Department has a need to update existing in-car camera technology due to current obsolete storage transmission and would like to at the same time add body-worn cameras to the system. The Department has received a quote from Motorola Solutions, Inc. which vendor met the specifications for 16 body-worn cameras and in-car cameras including installation and accessories for a total of $222,822.00. The Town Attorney and Town Manager recommend awarding the contract to Motor Solutions, Inc. based on a sole source due to the fact that Motorola is the only manufacturer that can offer body-worn cameras and in-car camera options that are compatible with the Police Department’s existing Motorola radios. The amount of $48,663.00 will be from the Department of Criminal Justice Services (DCJS) 2021 Body Camera Grant; the amount of $100,000.00 will be from the Capital Fund and the balance of $74,159.00 will be from the AFT Recoveries Restricted Cash Account for the total cost of $222,822.00. It is necessary for the Vinton Town Council to appropriate the funds from the ATF – Recoveries Restricted Cash Account from fund balance in the amount of $74,159.00 to the ATF Special Projects Account. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 5, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Vinton Police Department has a need to update existing in-car camera technology due to current obsolete storage transmission and would like to at the same time add body-warn cameras to the system; and WHEREAS, the Police Department has received a quote from Motorola Solutions, Inc. which vendor met the specifications for 16 body-worn cameras and in-car cameras including installation and accessories for a total of $222,822.00; and WHEREAS, the Town Attorney and Town Manager recommend awarding the contract to Motor Solutions, Inc. based on a sole source due to the fact that Motorola is the only manufacturer that can offer body-worn cameras and in-car camera options that are compatible with the Police Department’s existing Motorola radios; and WHEREAS, of the total cost of $222,822.00, the amount of $48,663.00 will be from the Department of Criminal Justice Services (DCJS) 2021 Body Camera Grant; the amount of $100,000.00 will be from the Capital Fund and the balance of $74,159.00 will be from the AFT Recoveries Restricted Cash Account; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the ATF – Recoveries Restricted Cash Account from fund balance in the amount of $74,159.00 to the ATF Special Projects Account. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 250.25000 ESTIMATED REVENUE $74,159.00 250.25100 APPROPRIATIONS $74,159.00 FROM REVENUE: 200.2404.021 ATF-RECOVERIES(ASSET FORFT) $74,159.00 TO EXPENDITURE: 200.3101.731 ATF SPECIAL PROJECTS $74,159.00 TOTAL $75,159.00 This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date October 5, 2021 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a lease with VINDOS LLC. for a certain lot lying to the rear of the former Vinton Branch Library on the southeast side of Meadows Street and below the storm water detention basin for the Vinton War Memorial located in the Town of Vinton, Virginia, Summary VINDOS, LLC would like to continue leasing the parking lot formally used by the Old Library and adjacent to the War Memorial for the purpose of an overflow parking lot for patrons and employees for Macado’s. The initial term of the new lease agreement with VINDOS, LLC. will be for ten months with the option for up to four (4) one year periods and VINDOS, LLC., will be responsible for the ongoing landscaping and daily upkeep of the lot throughout the duration of the lease. The required Public Hearing was held on the matter at the September 21, 2021 Council meeting. Attachments Lease Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 PARKING LOT LEASE THIS LEASE AGREEMENT (“Lease”) is made and entered into this 18th day of August, 2021, by and between the TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation, herein “Town”, and VINDO’s, LLC., a Virginia corporation, herein “Tenant”. WITNESSETH: WHEREAS, Tenant operates a full-service Macado’s Restaurant at 800 East Washington Ave. in the Town of Vinton, Virginia; and WHEREAS, Tenant has used the Premises, as defined below, since 2016 for additional off street parking spaces for restaurant employees and patrons; and WHEREAS, Tenant desires to renew the lease to use the Premises, as defined below, as a small parking lot for its restaurant and Town agrees to renew the lease to provide Tenant with additional off street parking. NOW THEREFORE, in consideration of the premises and the mutual covenants exchanged herein, the parties agree that: 1. Town hereby agrees to lease to Tenant and Tenant hereby agrees to rent from Town the parking lot area lying between Meadow Street and the storm water detention basin situate on the War Memorial Property and further identified as a portion of Tax Map No. 060.16-06-33.00-000, located at 814 Washington Avenue, Vinton, Virginia, (the “Premises”). 2. Tenant shall pay to Town in advance, the sum of One Dollar ($1.00) each year as rent for the Premises, which shall be due on the Commence Date, for the initial term, and then on each July 1 thereafter for each renewal term. 3. Tenant agrees to regularly inspect the Premises and keep the asphalt in a condition reasonably safe for the passage of its patrons and the Premises free of trash and debris. 4. Tenant agrees to be responsible for other routine maintenance on the Premises including, but not limited to, snow removal, leaf removal, and lawn maintenance during the term of this Lease. 5. Tenant shall use the Premises exclusively for parking by employees and patrons of the restaurant. 2 6. Tenant agrees to indemnify, defend, and save harmless the Town from and against all liabilities, claims, expenses, costs, losses, and damages, including, but not limited to, reasonable attorney’s fees, arising from or in connection with this Lease and/or Tenant’s or any employee’s or patron’s use of the Premises. 7. The initial term of this Lease shall commence on August 18, 2021 (“Commencement Date”), and terminate on June 30, 2022 (“Termination Date”). The Lease shall renew itself automatically on the Termination Date and each anniversary of the Termination Date, on the same terms and conditions as stated herein, for no more than four additional one-year renewal terms, unless either party shall give notice of intention not to renew to the other party at least thirty days prior to the Termination Date or any anniversary of the Termination Sate. For clarity, this Lease shall terminate no later than June 30, 2026. 8. 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 Lease and/or Tenant’s or any employee’s or patron’s use of the Premises. At minimum, Tenant will carry at its sole cost and expense the following types of insurance: a. Commercial General Liability Insurance. Tenant 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. Worker’s Compensation Insurance and Employer's Liability Insurance. Tenant shall maintain the applicable statutory Workers’ Compensation Insurance, and Employer's Liability Insurance with a limit of at least $500,000 per accident/injury. c. Automobile/Motor Vehicle Liability Insurance. Tenant shall maintain Automobile Liability insurance with a limit of not less than $1,000,000 each accident, $2,000,000 aggregate. Such insurance shall cover liability arising from any motor vehicle as defined by Commonwealth of Virginia laws and shall include coverage for owned, hired and non-owned motor vehicles, as well as uninsured and underinsured motorists. Coverage shall be written on 3 an approved ISO Form for coverage in the Commonwealth of Virginia. This coverage is required only if the Licensee will be operating motor vehicles as a significant operation within, or directly associated with, Licensee's activities on the Property. d. 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 and result termination of Tenant’s right to use the Premises. e. 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. f. Tenant hereby waives all rights of subrogation by any insurance company issuing policies carried by Tenant with respect to this Lease, Tenant’s use or occupancy of the Premises, or Tenant’s operations. 9. Tenant agrees that if he fails to observe or perform any of the conditions or covenants on his part to be observed or performed as set forth herein, and such default continues for thirty (30) days following the post marked date of a written notice of default from the Town, such written notice to be mailed by certified mail to Tenant at Post Office Box 509, Vinton, Virginia 24179, Town shall have the right to declare this Lease terminated, and upon so declaring the Town shall have the right to immediately enter and possess the Premises. 10. This Lease contains the entire agreement between the parties and may be changed only by a written amendment, signed by both parties. This lease shall be governed by the laws of the Commonwealth of Virginia. It shall not be assigned by Tenant without the prior written approval of the Town. 4 WITNESS the following signatures and seals: TOWN OF VINTON, VIRGINIA VINDOS, LLC By:_________________________________ By:__________________________________ Richard W. Peters, Jr. __________________________________ Town Manager Print Name and Title APPROVED AS TO FORM: ______________________________ Town Attorney RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, OCTOBER 5, 2021, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA. WHEREAS, VINDOS LLC., has requested to lease a parking lot from the Town located on Meadows Street for the purpose of overflow parking for the proposed Macado’s Restaurant; and WHEREAS, during the negotiations and discussions between the Town staff, representatives of VINDOS LLC., and the Town Attorney, a proposal was negotiated to lease said lot for the terms and conditions set forth in a Lease Agreement; and WHEREAS, pursuant to Sections 15.2-1800 (B) et seq., of the 1950 Code of Virginia, as amended, the public hearing was advertised and all public comments have been considered by Council; and WHEREAS, Town staff recommends that said Lease Agreement between the Town and VINDOS LLC., be executed to formalize said agreement between the parties and that said Lease be retroactive to August 18, 2021. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Lease Agreement is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Lease Agreement and any other necessary documents in furtherance of the same; and This Resolution adopted on motion made by ______________________, seconded by __________________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 5, 2021 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on September 27, 2021 and the following items were discussed at the meeting: • July 31, 2021 Financial Statements • Budget Appropriation for Body-Worn Cameras and In-Car Cameras • Budget Appropriation for Scrap Metal and Oil • Budget Appropriation for Fund Balance Committed to Garthright Bridge • Budget Appropriation for Police Department Vehicle Repair • ARPA Briefing Attachments July 31, 2021 Financial Report Summary Recommendations Motion to approve July 2021 Financial Report Town Council Agenda Summary Financial Report Summary July 31, 2021 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 8,032,258 139,994 306,791 306,791 166,797 219% Expenditures 8,032,258 623,475 580,409 580,409 (43,066) 93% Revenues over/(under) Expenditures (483,481) (273,618) (273,618) Revenues 384,800 32,054 19,280 19,280 (12,774) 60% Expenditures 384,800 31,174 (7,618) (7,618) (38,792) -24% Revenues over/(under) Expenditures 880 26,898 26,898 Revenues 4,513,595 217,413 118,500 118,500 (98,913) 55% Expenditures 4,513,595 1,102,413 146,960 146,960 (955,453) 13% Revenues over/(under) Expenditures (885,000) (28,460) (28,460) Revenues 835,000 1,109,048 45,833 45,833 (1,063,215) 4% Expenditures 835,000 1,167,327 25,000 25,000 (1,142,327) 2% Revenues over/(under) Expenditures (58,279) 20,833 20,833 Revenues 414,328 34,514 34,527 34,527 13 100% Expenditures 414,328 26,943 25,941 25,941 (1,002) 96% Revenues over/(under) Expenditures 7,571 8,586 8,586 Revenues 14,179,981 1,533,023 524,931 524,931 (1,008,092) 34% Expenditures 14,179,981 2,951,332 770,692 770,692 (2,180,640) 26% Revenues over/(under) Expenditures (1,418,309) (245,761) (245,761) Meeting Date October 5, 2021 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on September 29, 2021 and the following items were discussed at the meeting: • 3rd Street Signal Update • Hardy Road Street Light Update • Utility Improvement Project Updates (Lift Station / SCADA / Meters) • 1st Street Water Line Update • Private Stormwater Infrastructure Repair (Shepherd) • Garthright / Gus-Nicks Bridge Repair Update • Mountain View Road Update • Paving Update • Bulk Collection Update Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date October 5, 2021 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (6) of the 1950 Code of Virginia, as amended, for discussion of the investment of public funds in the town- owned sewer and water system where bargaining is involved and where, if made public initially, the town’s financial interest would be adversely affected. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as amended, for discussion of the award of a new or amended public contract concerning the town-owned sewer and water system, where discussion in an open session would adversely affect the town’s bargaining position or negotiating strategy. 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 5, 2021 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 2.2-3712 of the 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