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HomeMy WebLinkAbout9/17/2024 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, September 17, 2024 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND CITIZEN GUIDELINES B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS E. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of September 3, 202 4 F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Constitution Week Proclamation – Daughters of the American Revolution 2. Police Department Introduction – Chief Drumond 3. Planning and Zoning Recognitions – Anita McMillan 4. VACo Achievement Award – Anita McMillan G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda H. REPORTS FROM COMMITTEES 1. Public Works Committee – Bo Herndon 2. Finance Committee – Andrew Keen a. Consider approval of Financial Statements for August 31, 2024 Michael W. Stovall, Vice Mayor Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 I. PUBLIC HEARING 1. Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2024-2025 budget to appropriate funding for various operational and capital expenditures, including police equipment, Wolf Creek Greenway bathroom facilities, and the Town’s planned multi-generational park in the total amount of $462,000.00 in the General Fund, Grant Fund, and Capital Fund. a. Open Public Hearing • Report from Staff – Cody Sexton • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider the adoption of a Resolution to amend the Town of Vinton’s FY 2024-2025 budget to appropriate funding for various operational and capital expenditures, including police equipment, Wolf Creek Greenway bathroom facilities, and the Town’s planned multi-generational park in the total amount of $462,000.00 in the General Fund, Grant Fund, and Capital Fund. – Cody Sexton J. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution accepting the Virginia Department of Conservation and Recreation’s (VA DCR) Recreational Trails Program (RTP) funds in the amount of $177,217.78 and appropriating Town funds in the amount of $221,522.00 for the Wolf Creek Greenway Accessible Restroom Facility. – Anita McMillan 2. Consider adoption of an Ordinance amending Chapter 79 Stormwater Management of the Vinton Town Code and Repealing Article I. – Stormwater Management and Article II. – Erosion and Sediment Control and Steep Slope Development and adopting Roanoke County’s new consolidated Erosion and Stormwater Management (ESM) Ordinance, as a reference, as amended. – Anita McMillan 3. Consider the adoption of a Resolution authorizing the Town Manager, on behalf of the Town of Vinton, to enter a Memorandum of Understanding (MOU) agreement with the County of Roanoke, for the County to serve as the Virginia Erosion and Stormwater Management Program (VESMP) Authority for the Town of Vinton. – Anita McMillan K. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Reappointment to RVTV – Town Clerk L. TOWN ATTORNEY M. TOWN MANAGER’S PROJECT UPDATES/COMMENTS N. COUNCIL AND MAYOR O. ADJOURNMENT 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS: October 1, 2024 – 6:00 p.m. – Town Council and Vinton Planning Commission Work Session – Council Chambers October 1, 2024 – Canceled – Regular Council Meeting – Council Chambers October 7, 2024 – 3:00 p.m. – Finance Committee Meeting – TOV Annex October 9, 2024 – 9:00 a.m. – Community Development Committee Meeting – TOV Annex October 15, 2024 – 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 September 17, 2024 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of September 3, 2024. Attachments September 3, 2024 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A JOINT MEETING BETWEEN THE VINTON TOWN COUNCIL AND VINTON PLANNING COMMISSION HELD AT 5:15 P.M. ON TUESDAY, SEPTEMBER 3, 2024, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Michael W. Stovall, Vice Mayor Keith N. Liles Sabrina M. McCarty Laurie J. Mullins PLANNING COMMISSION MEMBERS PRESENT: Keith N. Liles, Chairman David R. Jones, Vice Chairman Robert W. Benninger Jonathan McCoy PLANNING COMMISSION MEMBERS ABSENT: Sarah G. Reid STAFF PRESENT: Richard Peters, Town Manager Cody Sexton, Deputy Town Manager Antonia Arias-Magallon, Town Clerk/Administrative Manager Fabricio Drumond, Police Chief Anita McMillan, Planning and Zoning Director Nathan McClung, Assistant Planning and Zoning Director Jeremy Carroll, Town Attorney Chairman Liles called the work session to order at 5:15 p.m. The Town Clerk called the roll for the Planning Commission with Chairman Liles, Vice Chairman Jones, Commissioner Benninger, and Commissioner McCoy Commissioner Reid absent. Mayor Grose called the meeting to order at 5:15 Council Member Liles, Council Member McCarty, Council Member Mullins, Vice Mayor Stovall, and Mayor Grose present. Mr. McClung began the work session and commented on the proposed change in zoning ordinances. proposed amendments would require medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District, GB General Business District, CB Central Business District, M- 1 Limited Industrial District, M-2 General Industrial and MUD Mixed- 2 permit in the GB General Business, M-1 Limited Industrial District, and M- District. Commissioner McCoy had a question about how many similar localities to the Town of Vinton Mr. McClung researched to compare localities handle dental and medical clinic use permits. Mr. McClung commented that Botetourt County, Virginia was the main premis also researched neighboring communities. Town Attorney Carroll commented that it is not permits for such uses. Commissioner McCoy commented that his concern is the broadness of the special use permit for all medical and dental clinic uses. Commissioner McCoy recommended that Town staff do more research and come up with a more specific special use permit across the board. Town Manager Peters commented that the Town could still refine the ordinance later and make it more specific as Commissioner McCoy recommends. Vice Mayor Stovall forward with this ordinance today will giv Town the opportunity moving forward to know the unknown without knowing what its services are. Mayor Grose Reconvened at 6:01 p.m. Manager Sexton led the Pledge of Allegiance to the U.S. Flag. announcements, and Council Activities, Council Member McCarty announced the following: September 7 – Vinton Pink Warrior Walk at the Vinton Farmers Market at 5 p.m.; October 12 – Vinton Fall Festival a.m.; October 14 – observance of Columbus Day; October 26 – Shred Event at the War Memorial from 10 a.m. to 1 p.m.; October 29 – Downtown Trick or Treat in downtown Vinton at 3 p.m. Council Member McCarty 3 entertainment venues and to follow the Town’s social media and website for more information. Council Member Mullins following Council activities: August 21 – Council attended the Pink Warrior Walk committee meeting; August 29 – Mayor Grose and Council Member Mullins attended the State of the City in Roanoke; August 28 – Council Member McCarty Warrior Walk committee meeting. Vice Mayor Stovall made a motion to approve was seconded by Council Member Liles and voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. August 20, 2024 Mayor Grose made a statement regarding the recent property acquisition at 935 3rd Street, Vinton, Virginia 24179 by an organization that has listed its business as women’s healthcare. Mayor Grose commented that the next item will be a joint special use permit. This potential zoning update will not impact any current facilities. Mayor Grose welcomed citizen comments. Hearing with the Vinton Planning Commission for the consideration of public comments regarding an O Article IV, District Regulations, Division 2, Multiple Purpose Districts, Section 4- Planned Unit Development Districts, Section 4-11, and Division 5, Mixed- District, Sec. 4-18 of the Vinton Town Code. Mr. briefed on this request at their August 20, 2024, Council Meeting and at the 5:15 pm Joint Work Session between the Town Council and the Vinton Planning Commission. Mr. McClung commented medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District, GB General Business District, CB Central Business District, M-1 Limited Industrial District, Public Hearing Opened 4 Development District, and MUD Mixed-Use Development District, and it would require hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial District, and M-2 General Industrial District. Council had no comments. Ann Russell, resident of 342 Stonebridge Drive, Vinton, Virginia 24179, and representative of Blue Ridge Women's Center commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. Carmel Vinton, Virginia 24179 commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, and expressed approval of changing the ordinance. Barry Witt, resident of 3041 Woodway Road, Roanoke, Virginia 24014 commented on his opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. representative of Love Life Church commented on his opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. Kathy Meckley, resident of Moneta, Virginia 24121, commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. Teresa Pregnoll, resident of 1969 Winiberry Lane, Forest, Virginia, commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but regarding the ordinance. resident of Roanoke County, commented on his opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. 5 Ashley Brei, resident of 2212 Westover Avenue Southwest Apt 1, Roanoke, Virginia 24015, representative of Blue Ridge Women’s Center, commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 Town, but ordinance. Commonwealth Drive, Hardy, Virginia 24101, commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 Town, but ordinance. Daniel Stanley, resident of 1737 Meadows Road, Vinton, Virginia 24719, commented on his opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. Merrie Turner, resident of 129 Hershberger Road, Roanoke, Virginia 24012, commented on her opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town, but comments regarding the ordinance. Council expressed appreciation for the citizen s' comments and coming to the meeting. Commissioner ordinance. Council Member Liles commented that during the work session they discussed about delaying and revisiting the ordinance change they were to do that and someone came in tomorrow, they could get a permit and do the same thing as the clinic on 935 3rd Street. The Town can delay the ordinance, but then the issue will still be there. The other option is to approve the ordinance to create something more specific. Hearing no further comments, the Mayor closed the Public Hearing at 7:01 p.m. Vice Chairman Jones made a motion to recommend adoption of the proposed Ordinance amending Appendix B, Zoning, Article IV, District Districts, Section 4- Development Districts, Section 4-11, and Division Public Hearing Closed Recommended Ordinance No. 1059 Ordinance amending Appendix B, Zoning, Article IV, District Districts, Section 4- Development Districts, Section 4-11, and Division 5, Mixed-Use Development (MUD) District, Sec. 6 4-18 of the Vinton Town Code.; the motion was seconded by Commissioner Benninger and members voting: Vote 3-1; Yeas (3) – Benninger, Jones, Liles; Nays (1) – McCoy; Absent (1) – Reid. Council Member Liles made a motion to adopt the proposed Ordinance amending Appendix B, Zoning, Article IV, District Regulations, Division 2, Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit Development Districts, Section 4-11, and Division 5, Mixed- District, Sec. 4-18 of the Vinton Town Code; the motion was seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None Adopted Ordinance No. 1059 Ordinance amending Appendix B, Zoning, Article IV, District Districts, Section 4- Development Districts, Section 4-11, and Division 5, Mixed-Use Development (MUD) District, Sec. 4-18 of the Vinton Town Code. Council expressed appreciation towards the citizens’ comments over the last few months and commented that they are doing everything they can questions expressed. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date September 17, 2024 Department Council Issue Proclamation – Constitution Week Summary September 17-23 is National Constitution Week to commemorate its history, importance, and bring attention to how it serves still today. Attachment Proclamation Recommendations Present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, September 17, 2024, marks the two hundred and thirty-seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, Mayor Bradley E. Grose and Town Council on behalf of the Town of Vinton and all our citizens, do hereby proclaim do hereby proclaim the week of September 17 through 23 as Constitution Week. 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 September, 2024. _____________________________________ Bradley E. Grose, Mayor Meeting Date September 17, 2024 Department Police Issue Introduction of Police Officer Jacob Miller Summary Chief Drumond will introduce the new officer. The officer was sworn in on September 3, 2024. Attachments None Recommendations No Action Required Town Council Agenda Summary Meeting Date September 17, 2024 Department Planning and Zoning Issue Recognize Fayula Gordon for completing the Virginia Chapter of the American Planning Association Leadership Development Program. Summary On August 30, 2024, I was informed by Andrew Hopewell, President of the Virginia Chapter of the American Planning Association that Fayula Gordon, the Town’s Associate Planner, has recently completed a Leadership Development Program sponsored by the Virginia Chapter of the American Planning Association. The program was a six-month course covering topics such as Leadership Values, Mindset, Emotional Intelligence, Negotiation, Diversity and Inclusion. According to Mr. Hopewell, the program participants engaged in intensive conversations with a variety of instructors during the three-hour monthly meetings. They had outside assignments to shadow/interview a leader they admired to see what skills and techniques they could integrate into their own leadership toolkits. In addition to the material covered, the cohort of nine students also forged relationships with one another, expanding their network of colleagues from across the state. Mr. Hopewell stated that for attendees like Fayula, the Richmond location made the meetings a full-day event. Her commitment and dedication to the class was admirable and speaks to her desire to improve her skill set and offer the citizens of Vinton the utmost service. Mr. Hopewell reached out to me to let me know that she represented herself, and the Town of Vinton, in a manner of which I should be proud. Attachments Leadership Development Program Certificate Recommendations No Action Required Town Council Agenda Summary Meeting Date Town Council Agenda Summary September 17, 2024 Department Planning and Zoning Issue Recognition of Roanoke County’s Virginia Association of Counties (VACo) 2024 Achievement Award for the Town of Vinton Stormwater Outfall Management Application Program. Summary In June 2024, the Town of Vinton Stormwater and Outfall Management Application Program was granted the 2024 National Association of Counties (NACo) Award. On August 29, 2024, the Town was informed by David Wray, Roanoke County GIS Manager, that the “Town of Vinton’s Stormwater Outfall Management Application” was one of the 24 recipients of the 2024 VACo Achievement Award. The application, built by Roanoke County’s Information Technology GIS Team with the collaboration of Town personnel, allows Town field personnel to move away from time consuming paper document entry with possible transcription errors, to a dynamic ArcGIS FieldMaps application using web services to collect data. The County’s GIS Team shared with us that the award was made possible by the partnership between the Town’s stormwater personnel and the County’s GIS personnel throughout the development and implementation of the application. Attachment None Recommendations Town Council recognition of the County’s GIS Team and Town personnel who were involved in the development and implementation of the Stormwater and Outfall Management Application. Meeting Date September 17, 2024 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on September 11, 2024, and the following items were discussed at the meeting: • Sign Replacement • Signal Lights – PFG, Pollard St./Virginia Ave., Blinking Yellow Arrows • Niagara Rd • Paving Schedule • Stormwater Improvements – S. Pollard & Thrasher Church • 3rd St. Geo • Garthright Bridge and Gus Nicks Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date September 17, 2024 Department Finance Issue Finance Committee Summary The Finance Committee met on September 3, 2024. Andrew Keen will be giving a report on the meeting. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date September 17, 2024 Department Administration Issue Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2024-2025 budget to appropriate funding for various operational and capital expenditures, including police equipment, Wolf Creek Greenway bathroom facilities, and the Town’s planned multi-generational park in the total amount of $462,000.00 in the General Fund, Grant Fund, and Capital Fund. Summary The Town Council had appropriated funds in previous years for police equipment, the Wolf Creek Greenway bathroom project, and the multi-generational park. In consultation with the appropriate department heads and project managers, those projects did not move forward in FY 2023-2024. However, the operational expenditures and projects remain a priority and will be pursued in FY 2024- 2025, necessitating the rollover and appropriation of funds from one fiscal year into the next. Moreover, the Town was recently notified of the award of a grant to cover 80% of the costs associated with the Wolf Creek Greenway bathroom project. The proposed resolution and list of appropriations would provide money from fund balances, grants, and estimated surpluses in interest on investments to cover the appropriations for the listed operational expenditures and projects in the total amount of $462,000.00. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on September 5, 2024. Attachments Resolution List of Appropriations 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, SEPTEMBER 17, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, Town staff have proposed a series of appropriations in order to deliver operational expenditures and projects that had been funded in previous fiscal years; and, WHEREAS, the proposed amendment to the Town of Vinton’s FY 2024-2025 budget is intended to appropriate funding for various operational and capital expenditures, including police equipment, Wolf Creek Greenway bathroom facilities, and the Town’s planned multi-generational park in the total amount of $462,000.00 in the General Fund, Grant Fund, and Capital Fund; and, WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget; and, WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on September 5, 2024; and, NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers and appropriations as shown on the attached. This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Antonia Arias-Magallon, Town Clerk GENERAL LEDGER GL Account Description Debit Credit 10010000-334401 Appropriations 87,000.00 10010000-334404 Estimated Revenue 87,000.00 MOVE FUNDS TO: GL Account Description 10031104-508200 Police Ops Equipment 42,000.00 10099000-509900 Transfer to Grant Fund 45,000.00 87,000.00 MOVE FUNDS FROM: GL Account Description 10035003-499999 Re-Appropriated Fund Balance 57,000.00 10032003-150102 Interest on Investments 30,000.00 87,000.00 GENERAL LEDGER GL Account Description Debit Credit 15010000-334401 Appropriations 267,000.00 15010000-334404 Estimated Revenue 267,000.00 MOVE FUNDS TO: GL Account Description 15013118-503000 W.C. Grnwy - Contractual Svcs 39,500.00 15013118-506000 W.C. Grnwy - Materials and Supplies 160,000.00 15013118-507000 W.C. Grnwy - Misc 22,500.00 222,000.00 MOVE FUNDS FROM: GL Account Description 15013117-411010 Wolf Creek Grnwy - Fed Rev Reimb 177,000.00 15013117-415010 Wolf Creek Grnwy - TOV Contribut 45,000.00 222,000.00 GENERAL LEDGER GL Account Description Debit Credit 20010000-334401 Appropriations 153,000.00 20010000-334404 Estimated Revenue 153,000.00 MOVE FUNDS TO: GL Account Description 20043104-508000 Capital Outlay 153,000.00 153,000.00 MOVE FUNDS FROM: GL Account Description 20035003-499999 Re-appropriated Fund Balance 153,000.00 BUDGET TRANSFERS - COUNCIL ACTION ITEM - SEPTEMBER 17, 2024 GENERAL FUND GRANT FUND CAPITAL FUND Meeting Date September 17, 2024 Department Planning and Zoning Issue Consider adoption of a Resolution accepting the Virginia Department of Conservation and Recreation’s (VA DCR) Recreational Trails Program (RTP) funds in the amount of $177,217.78 and appropriating Town funds in the amount of $221,522.00 for the Wolf Creek Greenway Accessible Restroom Facility. Summary Town Council Resolution No. 2593 was adopted on April 16, 2024, authorizing the Town Manager for and on behalf of the Town of Vinton, to file a grant application for the allocation of VA DCR 2024 RTP funds for the Wolf Creek Greenway Accessible Restroom Facility Project. On June 25, 2024, Town staff was informed that the VA DCR RTP Advisory Committee has preliminarily selected the Town of Vinton’s RTP project application, Wolf Creek Greenway Accessible Restroom Facility, for funding in the requested amount of $177,217.78. On September 9, 2024, staff received the fully executed grant agreement between the VA DCR and the Town of Vinton for the project. The VA DCR will formally announce this year’s grant recipients via press release tentatively scheduled for September 23rd or 24th, but we are welcome to announce and/or publicize it prior to this date. This is a reimbursable grant program; therefore, Town Council will have to authorize the monies be spent for the project. Attachment 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, SEPTEMBER 17, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WOLF CREEK GREENWAY ACCESSIBLE RESTROOM FACILITY PROJECT WHEREAS, on April 16, 2024, Town Council adopted Resolution No. 2593, authorizing the Town Manager for and on behalf of the Town of Vinton, to file a grant application for the allocation of Virginia Department of Conservation and Recreation’s (VA DCR) 2024 Recreational Trails Program (RTP) funds for the Wolf Creek Greenway Accessible Restroom Facility Project; and. WHEREAS, on May 6, 2024, the DCR RTP grant application in the amount of $177,217.78 was submitted to DCR for the Wolf Creek Greenway Accessible Restroom Facility Project; and WHEREAS, the Town agrees to provide the administrative services to manage the grant through the completion of the Project; and WHEREAS, on June 25, 2024, Town staff was informed that the VA DCR RTP Advisory Committee preliminarily selected the Town of Vinton’s RTP project application, Wolf Creek Greenway Accessible Restroom Facility, for funding in the requested amount of $177,217.78; and WHEREAS, the estimated total cost of the project is $221,522.23 and the Town agrees to provide the required twenty percent (20%) match for the funding of the project in the amount of $44,304.44; and WHEREAS, the authorization was contingent upon the grant agreement between DCR and the Town of Vinton being fully executed; and WHEREAS, on September 9, 2024, staff received the fully executed grant agreement between the VA DCR and the Town of Vinton for the project; and WHEREAS, this is a reimbursable grant program; therefore, Town Council will have to authorize the monies be appropriated from the general revenue fund to the general expense fund for the engineering services, construction and related expenses; and NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby accept the VA DCR RTP funds and authorizes the monies be appropriated from the grant revenue fund to the grant expense fund for the engineering services, construction and related expenses of the Wolf Creek Greenway Accessible Restroom Facility Project. This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Antonia Arias-Magallon, Town Clerk Run Date:08/26/2024 U.S. DEPARTMENT OF TRANSPORTATION Report: FMISD05A Run Time:14:11:46 FEDERAL HIGHWAY ADMINISTRATION Page 1 of 1 FEDERAL-AID PROJECT AGREEMENT RECIPIENT:51-Virginia FEDERAL PROJECT NO:360D240 UEI (SAM):RGMBQ8L1BDK9 RECIPIENT PROJ. NO(S): 1. The State through its department of transportation, or other recipient, has complied, or hereby agrees to comply, with the applicable terms and conditions set forth in (a) Title 23, U.S. Code, highways;(b) The regulations issued pursuant thereto, and the policies and procedures promulgated by the Federal Highway Administration; and (c) All other applicable federal laws and regulations.2. The State, or other recipient, stipulates that as a condition to payment of the Federal funds obligated, it accepts and will comply with the provisions set forth in 23 CFR 630.112. These provisions incorporate by reference all other federal laws and regulations pertaining to the project or the activity for which the funds are obligated. Solely for the purposes of emphasis, such applicable provisions include, but are not limited to, the requirements of Appendix A to 2 CFR Part 170—Award terms for Reporting subaward and executive compensation information, and 2 CFR 200, including for those funds for which such amount will be subawarded to a subrecipient, 2 CFR 200.331.3. Relative to the above designated project, the FHWA has authorized certain work to proceed as evidenced by the date entered opposite the specific item of work. For such authorized work, the federal funds obligated or advance-construction authorized, are not to exceed the amount shown herein. The balance of the estimated total project cost is an obligation of the State or other direct recipient.4. Such authorization of Federal funds extends only to project costs incurred by the State, or other recipient, following Federal Highway Administration’s authorization to proceed with the project. PROJECT TITLE:Town of Vinton - Wolf Creek Greenway Accessible Restroom Facility PROJECT DESCRIPTION:Installation of a two single-user restroom facility and construction of access path. DUNS#: SUBRECIPIENT PROJECT:No SUBRECIPIENT UEI (SAM): SUBRECIPIENT NAME: PROJECT END DATE:08/31/2027 CLASSIFICATION OF PHASE OF WORK TO BE PUT UNDER AGREEMENT EFFECTIVE DATE OF AUTHORIZATION HIGHWAY PLANNING & RESEARCH PRELIMINARY ENGINEERING RIGHT-OF-WAY CONSTRUCTION OTHER 08/12/2024 PROGRAM CODE FAIN URBAN/ WITH TOTAL COST FEDERAL SHARE FEDERAL FUNDS UNDER AGREEMENT ADVANCED CONST. FUNDS Y940 693JJ22430000Y940VA360D240 $221,522.23 80.00%$177,217.78 $0.00 TOTAL $221,522.23 $177,217.78 $0.00 ESTIMATED TOTAL COST:$221,522.23 TOTAL AUTHORIZED FOR PROJECT:$177,217.78 VIRGINIA DEPARTMENT OF TRANSPORTATION DEPT AVAILABLE FUNDS CERTIFIED BY:STATE SIGNATURE ON FILE DATE: APPROVED AND REQUESTED BY:STATE SIGNATURE ON FILE DATE: AGRMT/MODIFY REQUESTED BY:STATE SIGNATURE ON FILE DATE: FEDERAL HIGHWAY ADMINISTRATION PROJECT INFORMATION REVIEWED BY:James Mullins DATE:08/21/2024 APPROVAL RECOMMENDED BY:James Mullins DATE:08/21/2024 APPROVED AND AUTHORIZED BY:Brandy Patterson DATE:08/21/2024 RECIPIENT REMARKS: DIVISION REMARKS: Project Name:Wolf Creek Greenway Restrooms Total Budget:199,370.00$ Project Location:Wolf Creek Greenway Trialhead Total Actual:-$ Prepared By: Jamie Hurt 10% Contingency 221,522.22$ Date:5/1/2024 Task Code Description Quantity Budget Actual ENG 1.0 Engineering & State Fees 1 7,000.00$ PER 2.0 Permitting 1 7,500.00$ UTI 3.0 Utility Connections (Water, Sewer, Electric)1 25,000.00$ PAC 4.0 CXT Base Package Cost ( Denali 10'3"x 17'2" )1 96,170.00$ PAC 4.1 Optional Insulation and Heaters 2 19,500.00$ PAC 4.2 Optional Stainless Steel Water Closets 2 3,500.00$ PAC 4.3 Optional Stainless Steel Lavatorys 2 3,000.00$ PAC 4.4 Optional Electric Hand Dryers 2 1,400.00$ PAC 4.5 Optional 2K Anti-Graffiti Coating 1 4,000.00$ PAC 4.6 Optional Door Closures 3 1,400.00$ PAC 4.7 Optional Timed Electric Lock System 2 2,700.00$ PAC 4.8 Optional Exterior Frostproof Hose Bib with Box 1 1,200.00$ PAC 4.9 VA Crane Surcharge 2024 1 6,700.00$ PAC 4.10 Estimated Transportation Cost 1 15,300.00$ CON 5.0 Concrete Sidewalk 1 5,000.00$ PROJECT BUDGET Travis A. Voyles Frank N. Stovall Secretary of Natural and Historic Resources Deputy Director for Operations Matthew S. Wells Darryl Glover Director Deputy Director for Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director Laura Ellis Deputy Director for Administration and Finance State Parks • Soil and Water Conservation • Planning and Recreation Resources Natural Heritage • Dam Safety and Floodplain Management • Land Conservation RECREATIONAL TRAILS PROGRAM (RTP) FEDERAL HIGHWAY ADMINISTRATION VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION Project Agreement – Preliminary Engineering and Construction Phases Recipient: Town of Vinton Recipient Unique Entity Identifier (UEI): FBA2ZQK26QV3 Project Title: Wolf Creek Greenway Accessible Restroom Facility Project Number: 360D240 Project Period of Performance: FHWA authorization date of 8/21/2024 through 08/31/2027 Project Scope of Work: Installation of a two single-user restroom facility and construction of access path. Funding: Federal Share (Award Amount) $ 177,217.78 Non-federal Share (Recipient Match) $ 44,304.45 Total Project Cost $ 221,522.23 Upon signature of both parties below, the Department of Conservation and Recreation (DCR) and the Town of Vinton hereinafter referred to as the “recipient” mutually agree to perform this agreement in accordance with the Recreational Trails Program as codified at 23 U.S.C. 206, the provisions and conditions of the FHWA Interim Guidance dated April 1, 1999, as amended, the regulations and requirements governing federal grants as stipulated in 2 CFR Parts 175, 200, 215, 225, and Federal Highway Administration regulations as outlined in 49 CFR Parts 18, 20, 29, and 32 (http://www.whitehouse.gov). In accepting this grant, evidenced by the signature below, the recipient agrees to comply, adhere, and abide with the following conditions of this grant agreement: Performance Period 1. The project period shall begin with the date of FHWA authorization and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner; in which event, the project shall end on the date of completion or termination. 2. The scope of work for this project agreement is expected to be complete and financially closed out by August 31, 2027. Recipients unable to meet this deadline must contact DCR no less than 90 days prior to project expiration. RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 2 of 10 3. RTP recipients unable to complete construction by the project end date may be required to return grant payments previously received to DCR for return to the FHWA, as discussed in the Project Termination section of this agreement. 4. Extensions are not a right and will only be considered in accordance with the extension policy as outlined in the most recent Recreational Trails Program grant application manual. Project Execution 1. The recipient shall assign a project manager responsible for all direct communication with DCR and submitting all required documents, as outlined in the Reporting section of this agreement. The recipient shall also assign a backup contact in the event the project manager is unresponsive or unavailable. DCR will assign a grant coordinator responsible for DCR grant administration and provide contact information to the recipient. 2. All project-related emails must be sent to and will be sent from recreationgrants@dcr.virginia.gov. The subject line of all email correspondence must begin with the project number, 360D240. 3. Recipient will follow the fiscal, procurement, and environmental review procedures of the Recreational Trails Program as outlined in the most recent Virginia DCR Recreational Trails Program Manual and guidance documents available on DCR RTP website. If conflicts exist between the procedures outlined in the most recent versions of these documents and those in effect at the time of authorization, the recipient must contact DCR to determine which procedures to follow. 4. Any modifications and/or amendments must be in accordance with the DCR RTP Manual and FHWA guidelines after consultation with DCR Recreation Grants staff. Final approval for modifications or amendments is at the authority of FHWA. Environmental Review 1. The recipient will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20, and that it will notify DCR of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. 2. The recipient will comply with all applicable state, federal, and local laws, regulations and ordinances including but not limited to compliance with the Virginia Erosion & Sediment Control and Virginia Stormwater Management Laws & Regulations. 3. The recipient agrees to comply with the Virginia Seed Law to ensure no noxious weed seeds are introduced into the project area. 4. The recipient will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 5. The recipient will take necessary actions to ensure compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 3 of 10 Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 6. The recipient will comply with the National Environmental Policy Act and complete a NEPA-level review process for the RTP project for submission to FHWA for authorization. No advertisement for bid or project construction may begin until FHWA authorizes the NEPA document. Please refer to the DCR RTP Manual and supporting documents for further guidance. 7. The recipient agrees to contact both the appropriate local, state, and/or federal agency and DCR if any unanticipated historic resources are discovered or environmental concerns are encountered during project construction. The project sponsor is responsible for coordination with any and all pertinent agencies to resolve the issue and remedy the project’s impact on these resources. 8. Copies of the National Environmental Policy Act (NEPA) document (categorical exclusion, environmental assessment, or environmental impact statement), the National Historic Preservation Act section 106 determination, the Endangered Species Act section 7 determination, all permits (land disturbance, stormwater management, erosion and sediment control, Virginia Department of Transportation right of way permit for ingress/egress and travel of ATVs across public road right of way, COE permits, local building, etc.) issued for the project are required to be submitted to DCR for the grant file. 9. The recipient will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. Procurement and Contracting 1. Purchase of supplies, equipment, or services must be in accordance with 2 CFR 200.317-327, the Virginia Public Procurement Act (https://law.lis.virginia.gov/vacodepopularnames/virginia-public-procurement- act/), and all applicable state and local procurement laws. 2. The recipient will comply with Executive Order 12432, "Minority Business Enterprise Development as follows (a) place minority business firms on bidder's mailing lists, (b) solicit these firms whenever they are potential sources of supplies, equipment, construction, or services, (c) where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage participation by these firms. The recipient will comply with the Disadvantaged Business Enterprise (DBE) Program and the Small, Woman-Owned and Minority-owned (SWaM) procedures as outlined in the DCR RTP Manual and supporting documents. 3. Requests for proposals and bid documentation must be administratively reviewed by DCR prior to posting and must contain notice that “Partial funding for the project is being provided by the Recreational Trails Program of the Federal Highway Administration administered in Virginia by The Department of Conservation and Recreation and must be undertaken in accordance with the Recreational Trails Program guidance of the FHWA, 2, 23 and 49 CFR, and the Build America and Build America, Buy America Acts.” RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 4 of 10 4. Requests for proposals evaluations and bid results must be administratively reviewed by DCR prior to awarding and signing of contracts. 5. Prior to any land disturbances associated with the project, a copy of the advertisement for bid, the bid spreadsheet showing the lowest bidder, evidence of the good faith effort for including Disadvantaged Business Enterprises in the bid process, and a copy of the executed contract must be submitted to DCR. 6. For project elements requiring competitive sealed bidding, the award must go to the lowest bidder. Federal procurement laws prohibit negotiation with the lowest bidder. If only one bid response is received then the project must be re-bid. 7. Project work shall not be awarded to any vendor which is debarred or suspended or is otherwise excluded for or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” 8. All vendors and contractors providing supplies, materials, goods, equipment, services, etc. for the project must be licensed in Virginia as required. 9. Recipient must adhere to 23 U.S.C. 206; 2 CFR 200; the Commonwealth of Virginia’s construction procurement requirements; the Buy America Act; the Build America, Buy America Act, and the federal requirements outlined in form FHWA 1273. If contradictions occur the recipient must communicate them to DCR for consultation with FHWA for instructions on how to proceed. Architectural and engineering firms are to be informed that all projects are to be constructed in compliance with all applicable state and local laws and regulations, FHWA 1273, and Buy America Executive Order 13788, and the Build America, Buy America Act. 10. The recipient bears sole responsibility for ensuring that all contracts are in compliance with federal and state laws concerning the solicitation of supplies, equipment, and services. 11. The recipient shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 12. The recipient will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 13. Recipient will maintain and submit to DCR as outlined in this agreement or as requested for those documents not outlined for mandatory submission, documentation providing a summary of the procurement on the RTP project including the recipient’s effort to including DBEs in the project. This documentation includes but is not limited to the request for proposal for engineering services, the A/E contract, other contracts, final Invitation For Bid, Project Manual, bid spreadsheet showing lowest, responsive and responsible bidder, and executed contract. Record Retention 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 49 CFR for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. The retention period starts RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 5 of 10 from the date of the final expenditure report for the project. 2. The Federal Highway Administration, Comptroller of the United States of America, DCR or any of their authorized representatives shall have access to any books, documents, papers, and records of the recipient which are pertinent to this Recreational Trails Program grant project for the purpose of making audit, examination, excerpts, and transcripts. Project Termination 1. DCR may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the recipient has failed to comply with the conditions of the project agreement. DCR will promptly notify the recipient in writing of the determination and the reasons for the termination, together with the effective date. 2. The recipient understands that terminated projects must return any RTP funding received to DCR for return to the FHWA, unless a funded element within the original scope of work is open and usable to the public at the time of termination. Funding previously received for incomplete or unopen scope items must still be returned. 3. Termination by the recipient either for cause or for convenience requires that any and all RTP reimbursement payments must be returned to DCR for return to the FHWA unless a funded element within the original scope of work is open and usable to the public at the time of termination. In this circumstance the recipient may not have to return funds already received for the completed scope element. Reporting 1. Quarterly Reports. Recipient will submit Quarterly Progress Reports on status of grant implementation. First report due no later than December 31, 2024. Reports are then due at the end of each March, June, September, and December. Failure to submit quarterly reports may result in withholding of reimbursement payments and ineligibility for project extension or amendment. 2. Reimbursement Requests. The first reimbursement request must be submitted by March 31, 2025. Reimbursement requests should be submitted quarterly (every 3 months) throughout the project period. RTP recipients unable to show fiscal activity in every 3 months must provide justification for project delay. Failure to adhere to regular reimbursement processing renders the project “inactive” which can result in de-obligation and loss of funding. A final reimbursement must be submitted by the grant agreement deadline. 3. Design and Construction Plans. Final design and construction plans and documents must be submitted for administrative review and project records. 4. Completed Environmental Review. NEPA pathway and supporting documentation, as discussed in “Environmental Review” section, must be submitted and approved by FHWA before advertising for construction. 5. Draft Request for Proposals and Bid Advertisements. Draft requests for proposals and advertisements for bid must be submitted for administrative review as discussed in Procurement and Contracting. 6. Proposal Evaluations and Bid Spreadsheets. Final proposal evaluations and spreadsheets of bids received must be submitted for project records. RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 6 of 10 7. Contracts. Copies of the executed contracts for any engineer and construction work relevant to the RTP project must be submitted for project records. 8. Closeout Report. Submission of final closeout report to include verification that no additional reimbursements will be sought, photographs of completed project, final scope, summary of DBE and SWaM involvement, and narrative of project accomplishments must be submitted by the project end date. Reimbursement Procedures 1. The recipient understands all funding associated with the Recreational Trails Program is federal funding made possible from the Federal Highway Administration. Reimbursements are paid on an 80% reimbursement basis for direct project costs outlined in the approved project budget. Indirect costs are not eligible for reimbursement. Reimbursement cannot exceed the actual out of pocket expense nor the approved total award amount. The recipient understands that no Commonwealth of Virginia funding is associated with this project and no Commonwealth of Virginia funding will be made available for this project under any circumstances. 2. The recipients understands that reimbursement by the Recreational Trails Program is not a right. Reimbursements are contingent upon satisfactorily completing the authorized scope of work within the approved performance period and submitting required documentation for reimbursement. 3. Reimbursement requests must be submitted via email to recreationgrants@dcr.virginia.com. More detailed guidance documents are available on the DCR RTP website. Each reimbursement request must include: a) A signed certification form that includes the amount of DBE participation in the project (if any), the reimbursement amount being requested, and a breakdown by percentage of the total cash, donation, volunteer, or in-kind work involved. A template is provided. b) Receipts, delivery tickets, and packing slips for materials and supplies purchased. c) Invoices/Schedule of Values (SOV) itemizing charges. All invoices/SOV should reference the RTP project. Invoices/Schedule of Values must be detailed with an explanation for how the purchases relate to the RTP authorized work. Invoices/Schedule of Values with expenses for materials and supplies without corresponding delivery tickets, packing slips, etc. will not be honored and will be ineligible for reimbursement. When invoices contain other purchases not related to the RTP project, the purchases applying to the RTP project must be clearly identified. d) Combination time cards and work logs signed by both the worker and supervisor are required for labor submitted for reimbursement. These are needed for contract labor performed work, force account performed work, and volunteer performed work. Daily work logs should include the number of hours spent on RTP work tasks and describe the tasks performed . Timecards/volunteer logs for multiple individuals that appear to be in the same handwriting will be deemed ineligible. e) All expenditures must have an accompanying proof of payment in the form of image of cleared check (front and back of check), credit card receipt, bank statement, payroll ledger, or pay stub copies, etc. Internal source documents and accounting databases are not sufficient to prove an outlay of funds. f) Holiday, annual, sick, and overtime leave may not be charged to the RTP project. RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 7 of 10 g) Equipment records must clearly identify machinery, date, time, name of operator, rate of the equipment, and description how the equipment was used in accordance with the authorized RTP scope of work. Equipment use rates must be discussed with DCR staff prior to conducting work. If discrepancies exists between the hours on the operator’s time sheets and the equipment records explanations are required to determine eligibility for reimbursement purposes. h) The recipient must maintain documentation of all iron, steel, construction materials, and manufactured products used in the RTP project to support Buy America and Build America, Buy America compliance unless the total federal funds, including both RTP and other federal sources, are below $500,000.00. Documentation includes, but is not limited to, certification by the manufacturer, mill paperwork, etc. Recipients may be required to submit this documentation with reimbursement requests. 4. The recipient understands the RTP program requires documentation to justify all expenditures associated with the project before reimbursement can be authorized. Each RTP project is situation specific and additional information to what is listed in this project agreement may be requested to receive reimbursement. The failure to provide suitable documentation for authorization from the FHWA for payment can result in the inability to be reimbursed for work performed, either in whole or in part. In situations where ambiguity exists in determining how an expense related to the authorized RTP scope of work no reimbursement will be paid. In situations where ambiguity exists regarding the eligibility of an expense no reimbursement will be allowed. 5. Projects utilizing other grants and/or other federal funds in addition to the Recreational Trails Program funding must discuss this with DCR Recreation Grants Staff. Federal Agency recipients may be required to comply with the 95% rule which states that the total federal dollars from the Department of Transportation and the Federal Agency project sponsor cannot exceed 95% of the project costs. The recipient is responsible for adherence to program and eligibility requirements of other federal and non-federal fund sources used on the project. 6. The final reimbursement request may be held from final payment until the work described in the scope of work is completed and satisfactorily inspected by DCR. Special Conditions 1. The recipient consents to DCR use of recipient-submitted and DCR-taken photographs and project information in award announcements, program publicity, and DCR publications. 2. The public access period and facility life for this project scope of work must be a reasonable lifespan relative to the trail components and materials used. DCR preference is 20 years beginning with the date of final reimbursement. The project as described in the scope of work must be open to the public at time of closeout. 3. The recipient agrees that DCR’s waiver or failure to enforce or require performance of any term or conditions of this project agreement or DCR’s waiver of any particular breach of this project agreement by the recipient extends to that instance only. Such a waiver or failure to enforce is not and shall not be a waiver of any of the terms or conditions of this project agreement or a waiver of any other breaches of the project agreement by the recipient and does not bar DCR from asserting any and all rights and/or remedies it has or might have against the recipient under this project agreement or by law. RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 8 of 10 4. The recipient understands that the Recreational Trails Program is a federally funded program subject to actions by Congress and regulatory changes which may impact the execution of this project by the recipient. DCR will work with the recipient in adjusting to any changes that occur during the life of this project as soon as any changes are made known to us. Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), upon signing the Recreational Trails Program project agreement, the recipient certifies that it must: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug violations occurring in the workplace. (5) Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (A) C. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will – (1) Abide by the terms of the statement. (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. D. Notifying the agency within ten days after receiving notice under subparagraph (C)(2) from an employee or otherwise receiving actual notice of such conviction. E. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted – (1) Taking appropriate personnel action against such an employee, up to and including termination. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. F. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. Non–Discrimination 1. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. Lobbying Prohibition 1. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, Nov. 2, 2002 – No part of the money appropriated by any enactment of Congress shall, in the absence of RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 9 of 10 express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter–intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31. RTP DCR – Subgrantee Agreement VA RTP Project 360D240 Page 10 of 10 In witness whereof, the parties hereto have executed this agreement as of the date entered below. Commonwealth of Virginia The Department of Conservation and Recreation By: Date: Matthew S. Wells Department of Conservation and Recreation Director Town of Vinton By: Richard W. Peters Print Name Date: August 27, 2024 Signature Town Manager Title 1 Meeting Date September 17, 2024 Department Planning and Zoning Issue Consider adoption of an Ordinance amending Chapter 79 Stormwater Management of the Vinton Town Code and Repealing Article I. – Stormwater Management and Article II. – Erosion and Sediment Control and Steep Slope Development and adopting Roanoke County’s new consolidated Erosion and Stormwater Management (ESM) Ordinance, as a reference, as amended. Summary On May 20, 2014, the Vinton Town Council adopted an ordinance to establish Chapter 79 – Stormwater Management, to comply with the Virginia Stormwater Management (SWM) Act, Virginia Stormwater Management Program (VSMP) and Virginia Erosion and Sediment Control Program (VESCP) regulations. As of July 1, 2014, the Town of Vinton became the local VSMP Authority. On April 5, 2016, the Vinton Town Council adopted Resolution No. 2136 for the Interim Town Manager to enter and execute a Memorandum of Understanding (MOU) with Roanoke County for the County to act as the Town’s VSMP’s Authority and to continue to be the Town’s VESCP Authority. The MOU was signed by both parties on March 1, 2016, and April 8, 2016, respectively. On April 19, 2016, Vinton Town Council adopted Ordinance No. 970, amending Chapter 79 – Stormwater Management and adopting the County’s Stormwater Management Ordinance and Erosion and Sediment Control Ordinance, as amended, by reference. Pursuant to both updates to Virginia law and also Virginia’s consolidation of the Erosion and Sediment Control regulations and Stormwater Management regulations into the new Virginia Erosion and Stormwater Management (VESM) Regulation, Roanoke County must consolidate its Chapter 8.1 - Erosion and Sediment Control (ESC) ordinance and Chapter 23 - Stormwater Management (SWM) ordinance into a single Erosion and Stormwater Management (ESM) ordinance to: (i) clarify program requirements, (ii) eliminate redundancies, and (iii) correct inconsistencies between the erosion and sediment control and stormwater management programs. Town Council Agenda Summary 2 On June 22, 2023, the State Water Control Board approved and adopted the Virginia Erosion and Stormwater Management (VESM) Regulation (9VAC25-875) and approved the repeal of the Erosion and Sediment Control Regulations (9VAC25-840), Erosion and Sediment Control and Stormwater Management Certification Regulations (9VAC25-850), and the Virginia Stormwater Management Program Regulations (9VAC25-870), effective July 1, 2024. On July 1, 2024, Chapters 68 and 758 of the 2016 Acts of Assembly (referred to as the “Consolidation Bill”, became effective which combined stormwater management and erosion and sediment control requirements under the Virginia Erosion and Stormwater Management Act (VESMA), §§ 62.1-44.15:24 through § 62.1-44.15:50 of the Code of Virginia. With the Consolidation Bill and VESM Regulations becoming effective on July 1, 2024, local ordinances for the administration of a Virginia Erosion and Sediment Control Program (VESCP) or Virginia Stormwater Management Program (VSMP) must be updated to reflect both the new law and regulations. The DEQ is not required to review and/or approve local ordinances, or associated documents, manuals, etc., prior to adoption. Roanoke County may, by local ordinance adopted pursuant to § 62.1-44.15:33 or § 62.1-44.15:65 of the Code of Virginia, establish more stringent local requirements. Roanoke County Board of Supervisors’ (BOS) first reading of the new consolidated ESM ordinance was held on June 11, 2024. Roanoke County BOS adopted the consolidated ESM ordinance at their meeting held on July 9, 2024.with an effective date of August 1, 2024. Attachment Ordinance Recommendation Motion to adopt the Ordinance ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, SEPTEMBER 17, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE AMENDING CHAPTER 79, STORMWATER MANAGEMENT, OF THE VINTON TOWN CODE, TO ADOPT ROANOKE COUNTY’S CONSOLIDATED EROSION AND STORMWATER MANAGEMENT PROGRAM ORDINANCE WHICH SHALL BE APPLICABLE WITHIN THE CORPORATE LIMITS OF THE TOWN OF VINTON AND DESIGNATING ROANOKE COUNTY AS THE VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM (VESMP) AUTHORITY WITHIN THE CORPORATE LIMITS OF THE TOWN. WHEREAS, on May 20, 2014, the Vinton Town Council adopted an ordinance to establish Chapter 79 – Stormwater Management, to comply with the Virginia Stormwater Management (SWM) Act, Virginia Stormwater Management Program (VSMP) and Virginia Erosion and Sediment Control Program (VESCP) regulations. As of July 1, 2014, the Town of Vinton became the local VSMP Authority; and WHEREAS, on April 5, 2016, the Vinton Town Council adopted Resolution No. 2136 for the Interim Town Manager to enter and execute a Memorandum of Understanding (MOU) with Roanoke County for the County to act as the Town’s VSMP’s Authority and to continue to be the Town’s VESCP Authority. The MOU was signed by both parties on March 1, 2016, and April 8, 2016, respectively; and WHEREAS, on April 19, 2016, Vinton Town Council amended Chapter 79 of the Town of Vinton Code adopting the Roanoke County’s Stormwater Management and Erosion and Sediment Control ordinances, including all the required regulatory changes adopted by the Commonwealth of Virginia and designating the County as the Town’s Virginia Stormwater Management Program (VSMP) and Virginia Erosion and Sediment Control Program (VESCP) Authority within the corporate limits of the Town; and WHEREAS, on June 22, 2023, the State Water Control Board approved and adopted the Virginia Erosion and Stormwater Management (VESM) Regulation (9VAC25-875) and approved the repeal of the Erosion and Sediment Control Regulation (9VAC25- 840), Erosion and Sediment Control and Stormwater Management Certification Regulations (9VAC25-850), and the Virginia Stormwater Management Program Regulation (9VAC25-870), effective July 1, 2024; and WHEREAS, on July 1, 2024, Chapters 68 and 758 of the 2016 Acts of Assembly became effective which combined the stormwater management and erosion and sediment control requirements under the Virginia Erosion and Stormwater Management Act (VESMA), and WHEREAS, with the Consolidation Bill and VESM Regulation becoming effective on July 1, 2024, local ordinances for the administration of a Virginia Erosion and Sediment Control Program (VESCP) or Virginia Stormwater Management Program (VSMP) will need to be updated to reflect both the new law and regulations; and WHEREAS, since Roanoke County administers a VESCP and a VSMP, the Roanoke County Code needs to be updated to reflect the new law and regulations; and WHEREAS, Roanoke County Code has been amended to consolidate erosion and stormwater management control provisions (the new consolidated ordinance to become Chapter 8.1 of the Roanoke County Code); and WHEREAS, Roanoke County Board of Supervisors first reading of the consolidated Erosion and Stormwater Management Ordinance was held on June 11, 2024, and the second reading and public hearing of the Ordinance was held on July 9, 2024; and WHEREAS, Roanoke County’s consolidated Erosion and Stormwater Management Ordinance was adopted on July 9, 2024, and shall become effective August 1, 2024; and WHEREAS, Roanoke County is willing to serve as the Town' s VESMP Authority and the Town recognizes the efficiency and benefits to the Town in allowing the Roanoke County to serve as the Town’s VESMP Authority; and WHEREAS, the Town desires to amend Chapter 79 of the Town of Vinton Code to adopt the Roanoke County's consolidated Erosion and Stormwater Management (ESM) Ordinance, as amended, by reference; and to designate Roanoke County as local Virginia Stormwater Management Program VSMP) Authority within the corporate limits of the Town; and NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Vinton, that: 1) Vinton Town Code, Chapter 79 – Stormwater Management, is hereby amended and readopted to read as follows; and 2) Roanoke County's, consolidated Erosion and Stormwater Management Program Ordinance, Chapter 8.1 - Erosion and Stormwater Management Program shall be applicable with the corporate limits of the Town of Vinton; and 3) Roanoke County is the Town’s Virginia Erosion and Stormwater Management Program Authority; and 4) Article I – “Stormwater Management”, Section 79-1 and Article II – Erosion and Sediment Control and Steep Slope Development, Section 79-49 of Chapter 79 of the Town Code are hereby repealed. CHAPTER 79 STORMWATER MANAGEMENT INTRODUCTION The Town of Vinton finds that inadequate management of stormwater runoff from land-disturbing activities and development in watersheds increases flood flows and velocities, erodes and/or silts stream channels, pollutes water, overloads existing drainage facilities, undermines floodplain management in downstream communities, reduces groundwater recharge, and threatens public safety. More specifically, surface water runoff can carry pollutants into receiving waters. The Roanoke River and many of its tributaries inside the Town are listed as impaired waters by the Virginia Department of Environmental Quality (DEQ). Many future problems can be avoided through proper stormwater management, and the Town is dedicated to preventing the damaging effects that uncontrolled stormwater may present. The lands and waters of Town of Vinton are valuable natural resources that need to be protected. The Town finds that it is in the public interest to establish a stormwater management program. Pursuant to Virginia Code § 62.1-44.15:27, this ordinance is part of an initiative to integrate the Town’s stormwater management requirements with the Town’s erosion and sediment control (Chapter 35) and floodplain management (Appendix B. Zoning Ordinance, Article IV, Division 13, Section 4-65 through Section 4-73) requirements into a unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the Town of Vinton and those responsible for compliance with these programs. ARTICLE I. STORMWATER MANAGEMENT Sec. 79-1. Title and Authority (a) This ordinance shall be known as the “Stormwater Management Ordinance of the Town of Vinton, Virginia.” The Town of Vinton, Virginia, hereby adopts the Stormwater Management Ordinance of the County of Roanoke, Virginia, in its entirety as set forth in Roanoke County Code, Chapter 23, Stormwater Management, as amended from time to time, which shall be applicable within the corporate limits of the Town of Vinton. (b) Pursuant to § 62.1-44.15:27 of the Code of Virginia, the Town of Vinton hereby establishes a Virginia Stormwater Management Program (VSMP) for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Water Control Board (State Board) for the purposes set out in 23- 1.2 of Roanoke County Code, Chapter 23. The Town of Vinton hereby designates Roanoke County as the local Virginia Stormwater Management Program (VSMP) Authority within the corporate limits of the town and its Director of Community Development as the Administrator of the town’s Virginia Stormwater Management Program. (c) The Town of Vinton designates Roanoke County, Virginia, as its agent for the purpose of enforcing all stormwater facility maintenance agreements, agreements in lieu of a stormwater management plan, and stormwater management plans in effect prior to the effective date of this ordinance. Sec. 79-2 – 79-48. Reserved Sec. 79-49. - Title, purpose and authority. (a) This article shall be known as the "Erosion and Sediment Control and Steep Slope Development Ordinance of the Town of Vinton, Virginia." The purpose of this article is to conserve the land, water, air and other natural resources of the county by establishing requirements for the control of erosion and sedimentation, and by establishing requirements for development of steep slopes, and by establishing procedures whereby these requirements shall be administered and enforced. This article is authorized by the Code of Virginia, title 10.1, chapter 5, article 4 (§ 10.1-560 et seq.), known as the Virginia Erosion and Sediment Control Law. (b) Pursuant to Commonwealth of Virginia enabling legislation, Article 2.4, Chapter 3.1 of the Title 62.1; and Code of Chapter 756 and 793; Roanoke County is the local Virginia Erosion Sediment Control Program (VESCP) Authority within the county and the town, and regulates stormwater runoff from construction sites. Article I. Erosion and Stormwater Management Program Section. 79.1. – Title, purpose and authority. (a) This article shall be known as the "Erosion and Stormwater Management Ordinance of the Town of Vinton, Virginia." The Town of Vinton, Virginia, hereby adopts the Erosion and Stormwater Management Ordinance of the County of Roanoke, Virginia, in its entirety as set forth in Roanoke County Code, Chapter 8.1 – Erosion and Stormwater Management, as amended from time to time, which shall be applicable within the corporate limits of the Town of Vinton. (b) Town of Vinton designates Roanoke County, Virginia, as its agent for the purpose of enforcing the Erosion and Stormwater Management Ordinance. Sec. 79-50. – Applicability of chapter in town. The provisions of Roanoke County Code, Chapter 8.1 – Erosion and Stormwater Management Program, as amended from time to time, shall be applicable within the corporate limits of the Town. Administrative procedures and review fees may be established to accommodate the review of plans for development located within the Town. AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that this Ordinance shall become effective immediately This Ordinance adopted on motion made by ____________ and seconded by _______________, with the following votes recorded: AYES: NAYS: APPROVED: _______________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Antonia Arias-Magallon, Town Clerk Page 1 of 1 Meeting Date September 17, 2024 Department Planning and Zoning Issue Town Council Resolution to authorize the Town Manager, on behalf of the Town of Vinton, to enter a Memorandum of Understanding (MOU) agreement with the County of Roanoke, for the County to serve as the Virginia Erosion and Stormwater Management Program (VESMP) Authority for the Town of Vinton. Summary Roanoke County has been administering the Virginia Erosion and Sediment Control Program (VESCP) for the Town since February 14, 1984. On April 5, 2016, a resolution was adopted by Town Council for the establishment of a Memorandum of Understanding (MOU) agreement between the County and the Town for the County to continue to serve as the VESCP Authority and for the County to serve as the Virginia Stormwater Management Program (VSMP) Authority for the Town. On July 9, 2024, Roanoke County Board of Supervisors adopted the County’s new Erosion and Stormwater Management Ordinance, with an effective date of August 1, 2024, therefore the current MOU needs to be amended to state that Roanoke County will serve as the Virginia Erosion and Stormwater Management Program (VESMP) Authority for the Town of Vinton. Attachments 1. Memorandum of Understanding (MOU) Agreement. 2. Town Council Resolution Authorizing the MOU with the County and for the County to serve as the Town’s VESMP Authority. Recommendations Staff recommends that the Town Council approve the MOU Agreement and the attached Resolution allowing the County to become the Town’s VESMP Authority. Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, SEPTEMBER 17, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA. A RESOLUTION AUTHORIZING THE TOWN OF VINTON TO ENTER A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF ROANOKE, FOR THE COUNTY OF ROANOKE TO ACT AS THE VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM (VESMP) AUTHORITY FOR THE TOWN OF VINTON. WHEREAS, on February 23, 2016, Roanoke County Board of Supervisors adopted Resolution 022316-2 authorizing the County of Roanoke to enter a Memorandum of Understanding (MOU) with the Town of Vinton, for the County to act as the Virginia Stormwater Management Program (VSMP) Authority and to continue to act as the Virginia Erosion and Sediment Control Program (VESCP) Authority for the Town of Vinton, and WHEREAS, on April 6, 2016, the Vinton Town Council adopted Resolution 2136, authorizing the Town Manager to enter a Memorandum of Understanding, on behalf of the Town, with the County of Roanoke, for the County to act as the Virginia Stormwater Management Program (VSMP) Authority and to continue to act as the Virginia Erosion and Sediment Control Program (VESCP) Authority for the Town of Vinton, and WHEREAS, on July 1, 2024, Chapters 68 and 758 of the 2016 Acts of Assembly (referred to as the "Consolidation Bill") become effective which combines the stormwater management and erosion and sediment control requirements under the Virginia Erosion and Stormwater Management Act (VESMA); and WHEREAS, with the Consolidation Bill and VESM Regulation becoming effective on July 1, 2024, local ordinances for the administration of a Virginia Erosion and Sediment Control Program (VESCP) or Virginia Stormwater Management Program (VSMP) had to be updated to reflect both the new law and regulations; and WHEREAS, since Roanoke County is the VESCP and VSMP Authority for the Town of Vinton, and the Roanoke County Code had to be updated to reflect the new law and regulations; and WHEREAS, on July 9, 2024, Roanoke County Board of Supervisors adopted Ordinance 070924-3 amending Chapter 8.1 of the County Code and repealing Chapter 23 of the County Code to create a consolidated Erosion and Stormwater Management Program (ESMP) Ordnance; and WHEREAS, the consolidated Chapter 8.1 - Erosion and Stormwater Management Program (ESMP), under Section 8.1-1 Title, Purpose, and Authority, states that the provisions 2 of the Chapter 8.1 shall be applicable within the corporate limits of the Town of Vinton; and WHEREAS, the County is willing to serve as the Town' s VESMP Authority for the Town pursuant to §62.1-44.15:27 B of the Code of Virginia, as amended; and NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager to enter a MOU, on behalf of the Town, with Roanoke County, upon a form approved by the Town Attorney, for the County to act as the VESMP Authority for the Town of Vinton. This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Antonia Magallon, Town Clerk 1 MEMORANDUM OF UNDERSTANDING (MOU) for Administration of the Virginia Erosion and Stormwater Management Program (VESMP) Pursuant to the State Water Control Board’s Adoption of the Virginia Erosion and Stormwater Management (VESM) Regulation (9VAC25-875) his Memorandum of Understanding (MOU) is made and entered this ____ day of September, 2024 by and between the County of Roanoke, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “County,” and the Town of Vinton, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “Town.” I. PURPOSE. WHEREAS, the County and the Town wish to ensure the general health, safety, and welfare of the citizens of the County and the Town to protect the quality and quantity of state waters from the potential harm of unmanaged stormwater and soil erosion, including protection from land disturbing activities causing unreasonable degradation of properties, water quality, stream channels, stream buffers, steep slopes, and other natural resources; and WHEREAS, the County is currently recognized as the local “Virginia Erosion and Stormwater Management Program (VESMP) Authority” within the County and the Town to implement procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced; and WHEREAS, the County currently reviews and inspects new land disturbing activities on behalf of the Town for conformance with the Stormwater Management Design Standards, Hydrologic Design, and Best Management Practices (BMPs); and WHEREAS, the VESMP has become more complex to administer; and WHEREAS, the Town has determined that it would be beneficial for the County to continue to operate as the local VESMP Authority in the Town, and the County is willing to serve in this capacity. NOW THEREFORE, the County and the Town agree that their respective responsibilities are as follows: II. COUNTY RESPONSIBILITIES. 1. The County shall continue to be the local “VESMP Authority” for the Town. 2. Upon approval of this MOU by the parties and the Virginia State Water Control Board, the County shall become the local “VESMP Authority” in the Town. 3. Roanoke County shall possess the authority and perform the duties of the local “VESMP Authority” as set forth in Chapter 8.1 of the Roanoke County Code, as amended; § 62.1-44.15:27 of the Code of Virginia; and 9VAC25-875, as amended, or as set forth in such ordinances, statutes, and regulations that are enacted to succeed the above. 2 III. TOWN RESPONSIBILITIES. 4. The Town shall adopt an Erosion and Stormwater Management (ESM) Ordinance that recognizes the County as the local VESMP Authority. 5. The Town shall not issue any other permits for an activity that requires a VESMP permit until the County has issued the VESMP permit for such activity. IV. PREVIOUS AGREEMENTS. 6. Previous agreements between the Town and the County concerning the VESMP are void and superseded by this MOU. V. FEES. 7. The County shall collect fees from regulated land-disturbing activities occurring within the Town in accordance with the fee schedule adopted by the County’s Board of Supervisors. 8. The fees for regulated land-disturbing activities within the Town shall be the same as those for regulated land-disturbing activities in the County. VI. AMENDMENTS 9. This MOU may be amended at any time by mutual consent of the parties, in writing. VII. TERMINATION. 10. This agreement may be terminated by either party following a written notice provided to the other party within 90 days of the desired termination date. If this agreement is terminated, the Town understands that it shall obtain Virginia State Water Control Board approval to become a local VESMP authority within the Town. VIII. EFFECTIVE DATE. 11. This MOU shall become effective upon the endorsement of the parties as well as adoption of applicable ordinances and upon approval by the Virginia State Water Control Board for transfer of the local VESMP from the Town to the County, and it shall remain in effect unless terminated by one of the parties as noted above. In Witness Whereof, the parties herein have caused this document to be executed as of the date of the last signature shown below. 3 FOR COUNTY OF ROANOKE: Approved as to Form BOARD OF SUPERVISORS OF COUNTY OF ROANOKE, VIRGINIA ___________________________ __________________________________ Peter S. Lubeck Richard L. Caywood County Attorney County Administrator STATE OF VIRGINIA, COUNTY OF ROANOKE, to wit: The foregoing instrument was acknowledged before me this________ day of ____________, 2024, by Richard L. Caywood, County Administrator on behalf of the County of Roanoke, VA. ___________________________________ Notary Public (SEAL) Registration Number: ___________________ My commission expires: _________________ 4 FOR TOWN OF VINTON: Approved as to Form TOWN COUNCIL OF TOWN OF VINTON, VIRGINIA ___________________________ __________________________________ Jeremy Carroll Richard W. Peters Town Attorney Town Manager STATE OF VIRGINIA, TOWN OF VINTON, to wit: The foregoing instrument was acknowledged before me this________ day of ____________, 2024, by Richard W. Peters, Town Manager on behalf of the Town of Vinton, VA. ___________________________________ Notary Public (SEAL) Registration Number: ___________________ My commission expires: _________________ 1 Meeting Date September 17, 2024 Department Council Issue Appointments to Boards/Commissions/Committees Summary Requesting Council make the following appointments: Roanoke Valley Regional Cable TV Committee Council is being asked to re-appoint Ray Sandifer as a member to the Roanoke Valley Regional Cable TV Committee to new three-year term beginning September 1, 2024, and ending August 31, 2027. Attachments None Recommendations Motion to re-appoint Ray Sandifer as a member to the Roanoke Valley Regional Cable TV Committee to new three-year term beginning September 1, 2024, and ending August 31, 2027. Town Council Agenda Summary