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Home My WebLink About8/15/2017 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, August 15, 2017 AGENDA Consideration of: A. 7:00 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 the minutes: a. Work Session of June 20, 2017 b. Regular Council meeting of June 20, 2017 c. Regular Council meeting of July 18, 2017 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Douglas Robertson and Josh Blake - Chief Tom Foster 2. Officers of the Month for July 2017 - Chief Tom Foster 3. Report on the Vinton Volunteer First Aid Crew for July 2017– Chief Wayne Guffey H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. Matthew S. Hare, Vice Mayor Keith N. Liles, Council Member Sabrina McCarty, Council Member Janet Scheid, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 I. TOWN ATTORNEY J. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution appropriating funds in the amount of $4,057.50 to cover travel costs to send a detective to the Forensic Science Academy training session – Chief Tom Foster 2. Consider adoption of a Resolution appropriating funds in the amount of $1,820.00 received from the Foundation for Roanoke Valley, Melva P. Jones Fund for Music and Art, to purchase equipment and other needed supplies for the Mobile Community Services Unit – Chief Tom Foster 3. Consider adoption of a Resolution appropriating funds in the amount of $5,093.00 received from the Department of Criminal Justice Services and the Town’s required match of $566.00 to purchase 20 Shooter Response Kits – Chief Tom Foster 4. Consider adoption of a Resolution appropriating funds in the amount of $3,403.65 for the receipt of an insurance claim made on a Ford Super Duty Truck (ReHab2) of the Fire/EMS Department – Town Manager 5. Consider adoption of a Resolution authorizing the Town Manager to execute a Performance Agreement to accept a $50,000 Virginia Brownfield’s Assistance Fund (VBAF) grant from the Virginia Economic Development Partnership (VDEP) for the Environmental Phase I and Phase II for the former Holdren’s Country Store/Gish’s Mill property - Pete Peters 6. Consider a motion to approve submitting an application for the Virginia Department of Transportation’s (VDOT) Office of Intermodal Planning and Investment (OIPI) Tier 3 Grant to support planning for and adopting revisions to the zoning and subdivision codes of the designated Urban Development Areas (UDA) – Anita McMillan 7. Consider adoption of a Resolution authorizing the Town Manager to execute a Contract for Professional Legal Services between the Town of Vinton and Roanoke County Commonwealth’s Attorney – Town Manager K. BRIEFINGS 1. Briefing on petition of Ty Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District – Karla Turman 2. Briefing on Amendment to the Extra-Territorial Arrest Agreement between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem – Chief Tom Foster L. TOWN MANAGER M. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Council Member Scheid N. MAYOR 3 O. COUNCIL P. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: September 5, 2017 7:00 p.m. – Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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 August 15, 2017 Department Town Clerk Issue Consider approval of the minutes: a. Work Session of June 20, 2017 b. Regular Council meeting of June 20, 2017 c. Regular Council meeting of July 18, 2017 Summary None Attachments June 20, 2017 minutes (work session) June 20, 2017 minutes July 18, 2017 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A WORK SESSION OF VINTON TOWN COUNCIL HELD AT 5:30 P.M. ON TUESDAY, JUNE 20, 2017, AT THE VINTON WAR MEMORIAL LOCATED AT 814 WASHINGTON AVENUE, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith Liles Janet Scheid MEMBERS ABSENT: Sabrina McCarty STAFF PRESENT: Barry Thompson, Town Manager Susan N. Johnson, Town Clerk OTHERS PRESENT: Richard Oakes, Vinton Volunteer Fire Chief Tim Gonzales Chris Heppinstall Scott Morfitt Benny Powell George Stone The Mayor opened the work session at 5:30 p.m. and made brief comments. He then turned the meeting over to Vice Mayor Hare and Council Member Liles who are members of the Public Safety Committee. Vice Mayor Hare first commented that Chief Oakes had been keeping the Public Safety Committee informed on the recruitment efforts and the ability of the current volunteers to run calls. Also, Chief Simon of Roanoke County had indicated that what the Town is experiencing he has seen all over the County. They are having problems getting volunteers to come out to work the stations, to man the trucks and to cross over when they do not have enough at one station. During discussion, it was suggested that contact be made with students who are currently attending the local colleges and universities who are already certified as a firefighter to invite them to consider volunteering while they are in the area. There is also a need to recruit more senior members who can assist with training the junior members, but there needs to be an incentive so they feel they are getting something out volunteering. The Town Manager commented on the EMT training that is now being provided through the Roanoke County School system at the Burton Center and would there be a possibility that Fire training could be incorporated into the school system. Chief Oakes responded that the main factor would be the cost of purchasing the needed gear for everyone who takes the class. Several years ago, a neighboring locality had a similar program in the schools, but the requirement was the student had to be a member of a volunteer organization and that organization furnished the gear. The local Volunteer Chiefs have been in discussion with Chief Simon regarding the training that is currently required for any volunteer to have Firefighter I within 18 months. They have requested to be allowed to bring a new member in, have them take a fire-attack class so they can get them on a truck and start using them before they lose interest. They would still be required to have the Firefighter I by the 18 month deadline. Next, there was discussion regarding the time it takes once an application is submitted for the personnel process to go through so they can be allowed to come into the station. Chief Oakes commented that there was now the requirement that all volunteers had to be fingerprinted 2 which has also caused some delays. Now, the County has two individuals that visit the stations twice a month to do the fingerprinting which has cut down on the time. A question was asked regarding what would happen if the Volunteer Fire Department ceased to exist and the response from Council was that the Town would have to rely on the rest of the County system or the City to backfill which is what is happening now. It was noted that all of the volunteers present were certified drivers and a comment was made that it takes someone who has progressed through firefighting and the ability to make good judgment decisions to handle the truck. Council requested that the group come together and work out a schedule that they can build a crew around. They are willing to assist with recruitment, but need to know what the current group can do and what they cannot do. With regard to making out a schedule, Chief Oakes commented that now the volunteers have the option of marking everything up and running a call from home rather than being at the station. They have to let the Captain know and they will leave the truck in service. After further discussion, it was suggested that another meeting be scheduled to continue the discussion and that the meeting be on a night that there is not a Council meeting. The work session was adjourned at 6:35 p.m. APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: _______________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JUNE 20, 2017, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith N. Liles Janet Scheid MEMBERS ABSENT: Sabrina McCarty STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Tom Foster, Police Chief Christopher Linkous, Deputy Chief-Fire/EMS Donna Collins, Human Resources Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk Council Member Liles, Council Member Scheid, Vice Mayor Hare Council Member McCarty was absent. Roll call After a Moment of Silence, Chief Tom Foster led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member Liles announced Monday-Thursday from 11-12 Noon- meals for children age 18 and under-Burlington on Thursdays from 4:00-5:00 p.m.; June 23-Party in the Park with Domino-Farmers’ Market; July 4- Fourth of July event from 6-10 p.m.- Memorial; July 11- and July 7-23- The Bus Stop will be playing at the Star City Playhouse. are also at Herman L. Horn Elementary School Monday-Thursday from 11-12 Noon. Under requests to postpone, add or to change the order of agenda items, the Town Manager requested to add two action items to the agenda under Section K, Items Requiring Action, Item No. 6 2 funds to an account in the Water and Sewer Fund to cover expenditures from the 2013 Bond issue for the Western Virginia Water Authority Regional Wastewater Treatment Plant and Item No. 7 would be to consider a motion to provide holiday on July 3, 2017 for the Town employees. Council Member Scheid made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Liles and voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - McCarty. Council meeting of June 6, 2017 Chief Tom Foster read his Memo selecting Officer Jeremy Shrewsbury as Officer of the Month for May. Officer Shrewsbury was not able to attend the meeting. Deputy Chief Chris Linkous made brief comments and recognized Captain Chad Helms for Academy. and was congratulated by Council. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for May 2017 and announcement of the FY2017- Officers. The volunteer truck hours were 468 possible hours for 99%; a unit was 100% of the volunteer time; there were 247 with the volunteer staff handling 147; the medic truck was 17%; they responded to 114 out of 147 calls for 79% and handled 108 out of 147 calls for 73%. The fractile response time was 8.47 with 2,074 man hours for the month. There are currently 53 members on roll. Guffey announced the following for the 2017-2018 year: Chief Wayne Guffey; Sayre; Captain Sandy Guffey; Training Brandan Arthur; 2nd Lieut Parker and Sergeant Jason Peters. installation of officers and awards dinner officers. 3 Vice Mayor Hare asked if May was the month that one of the trucks was out of service and Chief Guffey responded yes. Vice Mayor Hare next commented that the call volume was up and asked the reason. Chief Guffey responded that they have noticed a trend daytime hours. keeping them busy and the overdose in our territory in one day. Additional comments were made about the numb commented that those hours accounted Dogwood Festival. The next item on the agenda was to consider Vinton, Virginia budget for the fiscal y July 1, 2017 and ending June 30, 2018. The Town The total General Fund is $8,563,152; Utility Fund is $3,742,150 and Stormwater Fund is $428,042, for a total budget of $12,733,344. The capital improvement projects in the General Fund of Stormwater Fund of $38,843. The Town Manager next commented that the Finance Committee revisited items that were decreased on the Revenue side and the items that were reduced on the expenditure side make up this amount. current staffing levels and provides for a cost of living increase for the employees of 1.5%. Vice Mayor Hare commented on the cooperation of He felt that this budget is achieving the five goals that were set in Council’s strategic planning. The fact that the revenues were adjusted down was not a bad thing because it still shows growth year-to-year eco continues to be positive in the Town. Council Member Scheid commented budget process and that the Finance Committee has 4 and she was hopeful that there will be new businesses to come on- can grow these numbers a little more than what we are looking at right now. Council Member Liles commented that he was glad we had the time to go back and take a further look works and he appreciated all the hard work. The Mayor expressed apprecia the entire year managed, is the reason goals that Council has set. It also points out that we have some steady growth which is g growth. discussed that this budget assumes a certain level of increased debt. The actual interest and principal payments are in the expenditure line. He then Council before the meeting. The first document was the Long-Term Debt Summary and Vice Mayor Hare 30, 2 Fund is $9.691 million with $6.5 million being on the Utility side. On the General Fund side there is $3.2 million of debt with the largest part of that being the War Memorial and the EMS building. Under the f amount, the items in italics are the additional debt to be added with this budget cycle of which would increase our debt by 26%. General Fund, this debt is to replace the refuse and dump trucks and in the Stormwater Fund it is to replace the street sweeper. We are going to adopt assumes Finance Committee recommends that we not proceed with any additional debt until we first see that revenues are coming in as we expect and then when Council feels comfortable we can proceed on any or all of these items at that time. The second document showed the listing of the CIP projects in the budget broken down by those items to 5 cash. The Committee recommends proceeding with the items to be paid in cash and to secure debt for the two Ford F-150 trucks for meter reading which brings in revenue. W sweeper, we currently do not have a funding source for the Stormwater Fund. The Mayor reiterated that the bulk of the debt is the Vice Mayor Hare commented that we know we are going to have to continue to raise rates and he would feel more comfortable if we had that funding stream worked out. The Town Manager commented that there are funds in this budget for a rate study for the Utility Fund. Staff recommends that we do the rate study and if Council so desires, we would go out for revenue that would be generated. understood tha type of application for any type of debt until approval from the Finance Committee and then Council. Vice Mayor Hare said that was correct with the exception of the two F-150 trucks. The Town Clerk commented for the record that the furnished to Council prior to regard to taking out any future debt. Vice Mayor Hare made a motion to a Ordinance as revised; the motion was seconded by Council Member Scheid and carried by the following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - McCarty. Committee with regard to taking out any future debt. Adopted Ordinance No. 986 revised, year beginning July 1 ending June 30, 2018 The next item on the agenda was to consider adoption of a Resolution to General Fund, Utility Fund these accounts in the FY 2016-2017 Budget. The Town Manager commented that at the end of each year we transfer monies to true-up the line items and cost centers to finish out the fiscal year to satisfy our auditors. 6 Vice Mayor Hare commented that the Finance Committee reviewed the details at their meeting and the significant amount of staff time that it took. With regard to this process, he further commented that it was also discussed to amend the current across departments in an amount up to The Town Manager commented that with this policy amendment only the transfers ov up to the $10,000 limit. amendment will be on the July 18th Council’s consideration. The Town Clerk commented for the record that the adoption was for the Revised Resolution furnished to Council prior to the meeting. Resolution, as revised by Council Member Sche following roll call Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - McCarty. Adopted Resolution No. 2204 revised, to transfer funds to balance these accounts in the FY 2016-2017 Budget The next item on the agenda was to consider adoption of an Ordinance to amend Section 78-5, “Dumping unsightly matter on highway, right-of-way or private property,” of Article I, “In General,” Chapter misdemeanor to a traffic infraction penalty with fine Chief Foster briefly commented that this would allow the Town to treat the disposal of cigarette butts and other litter as a civil violation as opposed to a Class 1 Misdemeanor. This will allow our officers the option penalty of $50 w officers will still have the option to charge the harsher penalty based on the nature of the violation. The General Assembly consider cigarette butts as litter, but it did not pass. . Council Member Scheid commented that this item discussed at the last meeting and she does not think along with other strategies that we can use to reduce the amount of litter and help clean up the Town. 7 Vice Mayor Hare asked how this Ordinance compared to other localities. The Town Attorney responded that Blacksburg has something similar, but not a lot of localities have ordinances specifically addressing cigarette butts, so we are on the cutting- edge here. Council Member Scheid the Ordinance as presented seconded by Vice Mayor Hare following roll call Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - McCarty. Council Member Liles commented that some signage should be created with a He then commented about the events in the Town where people do smoke and that it might be a good idea to get some of the post ashtrays and perhaps service announcements. Adopted Ordinance No. 987 amending Section 78- unsightly matter on highway, right-of- Waste” of the Vinton Town Code for from a class 1 m traffic infraction penalty with fine The next item on the agenda was to consider insurance coverage with The Local Choice Program for the contract year July 1, 2017 through June 30, 2018. Donna Collins commented that medical, vision and dental health the Town. There will still be two policies offered, the There was no increase in the co-pays or any aspects of the plans for this fiscal year. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor Hare roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – Adopted Resolution Choice Program for the contract year The next item on the agenda was to consider a motion to cancel the July 5, 2017 Council meeting. Council Member Liles made a motion to cancel the meeting; the motion was seconded by Council Member Scheid and carried by the following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - McCarty. Approved cancelling the July 5, 2017 Council meeting 8 The next item that was added to the agenda was to consider adopting a Resolution to re-appropriate funds to an account in the Water and Sewer Fund to cover expenditures from the 2013 Bond issue for the Wastewater Treatment Plant. Th commented bond series to cover the expenses for that fiscal $96,853.76. approximately $3,000 remaining and he and will ask Council to true-up that final amount. Vice Mayor Hare made a motion to Resolution as presented; the motion was seconded following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – (0) – None; Absent (1) - McCarty. Adopted Resolution No. 2206 re- appropriating issue for the Western Virginia Water Authority Regio Treatment Plant The next item that was added to the agenda was to consider a motion to employees. Public Works employees will be paid for the holiday plus overtime. The cost will be approximately $5,000 and the departments have indicated that they can cover that within their budgets. Vice Mayor Hare made a motion to additional holiday Council Member Liles roll call vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – holiday on July 3, 2017 for the Town The next item on the agenda was an update on results of Mobile Community Services Grant Survey. Chief Foster Community Services Unit and that part of the whole with the department before they began some of their outreach initiatives. They plan to again in the Fall. 9 Chief Foster next gave his Power Point presentation on the survey questions and indicated there were 135 total responses. (A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. schedule available of the events that they would be responded that he would provide that schedule soon and commented on their plans for the National Night st The Town Manager asked Pete Peters to provide a report on some of the economic development activities, specifically Gish Mill, Macado’s and the old William Byrd High School. With regard to the old William Byrd High School, Mr. Peters commented that the receive its designation, which was the final step nee the project to move forward. The Roanoke County property ownership to Dave McCormack with Waukeshaw and he anticipates begin in August. indicated that they will be on site on Friday and will outside that might interfere with the July 4th responded that he would reach back out to them to agreement to open at the end of this calendar year. With regard to Gish Mill, Hill Studio has begun their preliminary investigations and has the building including the basement, third floors. They have also start assessment. Draper Aden has submitted a the $16,000 Phase 1 environmental review and we project down the road. 10 Mr. Peters also commented that the barn at the Vinton Business Center, which we partner in the ownership and maintenance with Roanoke County, has recently been cleaned up. Balzer and Associates property and the County has issue July 31st. developer is working are working with Roanoke County to schedule the have been rented. The delay has been due to the difficulties of restoring an historic 100- The next item on the agenda w as the Financial Reports for March, April and May, 2017. Vice revenues are on target down. The report shows we have spent $832,000 more than we brought in. This relates to funds that still need to come in from and real estate taxes and the car tax relief. Cash year-over-year is down approximately $20,000, but considering everything we have accomplished this year, that is very good. The Utility Fund continues to be strong at 104% over the projections and post. With regard to the War Memorial, there has been an additional subsidy of $44,000. March, April and May 2017 financial reports; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Approved March, April and May 2017 The Mayor commented that Robert Obenchain was very complimentary on the way that Chief Foster handled the report back to him regarding the wildlife issue. the recent Mingle at the Market. Under comments by Council: Council Member Scheid commented 11 nice one in Damascus that has been converted to an inn and there is also one in Abingdon. The next item on the agenda was appointments to boards/commissions/committees. Council Member Scheid made the following nominations: Justin Davison to the Board of Zoning Appeals for a five year term ending June 19, 2022 Mandy Grose to the Board of Zoning Appeals as an alternate for a five year term ending June 19, 2022 Bobby Altice to the Highway Safety Commission for a new three year term ending June 30, 2020; Doug Development Strategy (CEDS) for a three year term ending June 30, 2020; Comprehensive Economic Development Strategy (CEDS) for a new three year term ending June 30, 2020; Economic Development Strategy (CEDS) for a new three year term ending June 30, 2020; Janet Scheid Organization for a new three-year term ending June 30, 2020 and three-year term ending June 30, 2020. The nominations were Liles and carried by the following v members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - McCarty. Council Member Scheid made the following nominations: Justin Davison to the Board of Zoning Appeals for a five year term ending June 1 Appeals as an alternate for a five year term ending June 19, 2022; Bobby A Commission for a new three year term ending June 30, 2020; Doug Adams Develo three year term ending June 30, 2020; ending June 30, 2020; Chris McCarty Development Strategy (CEDS) new three year term ending June 30, Organization for a new three-year term ending June 30, 2020 and Keith Liles Planning Organization for a new three- year term ending June 30, 2020.Justin June 19, 2022 Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member Liles members voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare; Nays (0) – None; Absent (1) - APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JULY 18, 2017, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith N. Liles Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Pete Peters, Assistant Town Manager/Director of Economic Development Theresa Fontana, Town Attorney Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk Council Member Liles, Council Member Scheid, Vice Mayor Hare and Mayor Grose present. Roll call After a Moment of Silence, Klayton Akers, grandson of the Town Clerk, led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following events: July 20-Ribbon Cutting- Noon; August 1-National Night Out- Memorial; August 5-Glade Town 19-Creekfest-Vinton Farmer’s Market from 5-10 p.m.; passenger rail service returns to Roanoke on Halloween; September 1-17- will be playing at the Star City Playhouse and July 28-Party in the Park. The last Mingle at the Market was very successful. Pete Peters announced that a rescheduled Party in the Park is this Saturday, July 22, with the Legacy Band. Under requests to postpone, add or to change the order of agenda items, the Town Manager requested to add a Closed Meeting, p 2.2- 2 including interviews of bidders or offerors, and discussion of the terms negotiating strategy of the public body. Council Member Scheid made a motion to additional item of a closed session to the agenda; the motion was seconded by Council Member Liles members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Approved adding additional item of a closed session to the agenda The next item on the agenda was the recognition of Susan N. Johnson, Town Clerk, for completing all of the requirements to become a Certified Municipal Clerk. comments before presenting Ms. Johnson Certification plaque. and recognized and s the other members of Council. Chief Tom Foster introduced Samuel Mitchell, a new Officer in his department. Chief Foster next read his Memo selecting Officer Andrew DiCarlo as Officer of the Month for June, who was present at the meeting. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for June 2017 and Fiscal Year 2016-2017. Chief Wayne Guffey reported for June that the truck hours were 441 of 456 possible hours for 97%; there were two trucks in service for 46 hours with 242 total calls--106 by the career staff and 136 during volunteer time. The medic truck was 17%; they responded to 113 out of 136 calls at 83% and handled 108 out of 136 calls Fractile Response time was 8.67 with 1, hours for the month. They currently have 54 members on roll in three new members last week--Ethan Sweeney, Alex Bradford and Brandi Guilliams. Two members have passed their EMT certification--Chase Caldwell and Andrew Kelley. With regard to the 2016-2017 Fiscal Year Report, the volunteer truck hours were 5,532 out of 5,628 for 98%; two trucks were in service 584 hours for 98% with the ALS unit marked in service 84% and the BLS unit 16%. The station had a total of 2,637 3 volunteers responded to 1,161 of those calls and handled 1,089. The Fractile Response time for the year was 8.72 with total man hours of 22,576. They added 21 new members for the year, had nine to leave, but still had a net members. member. V last year and asked Chief Guffey what contributed to the increase. Chief Guffey responded that the Town is having more events and calls for overdoses have increased considerably. They are areas of the County. Chief Guffey announced that the new career truck is now in service. Under citizens’ comments and petitions, Tova Yampolsky introduced herself as manager for Djuan Osborne, who is running for the Virginia House of Delegates for the 17th District. Greg Leslie, Scout Master of Troop 235 at Thrasher Memorial United Methodist Church, commented that members of his Troop were at the meeting to work on their merit badges. Mr. Leslie next commented on accidents that have happened at the intersection asked about the blinking traffic signal that use to be there. Joey option, but he will research the matter. The Town Attorney commented that the closed session subject matter would be to discuss contract negotiations with Roanoke County. The next item on the agenda was to consider adoption of exceed $10,000 p the Finance Committee. Adopted Resolution 4 supports it. She then made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor Hare and carried by the following roll call vote, with all members voting: Vote 5- (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Finance Committee The next item on the agenda was to consider adoption of a Resolution Manager to execute a Real Property. the direction and in working with Mr. Billy Vinyard over a year on various the former Vinton Motors property. Staff worked with two firms to perform separate but comparable Commercial Appraisals for the property in order to solidify a realistic selling price that would both be acceptable to Mr. Vinyard as well as being attractive to potential developers. consultation with the Town Attorney, drafted the Purchase Option in order for the Town to be able to market the property on the owner’s behalf through a Request for Proposal (RFP). The RFP process will allow staff to solicit interest on t sector. This will al accepted by Mr. Vinyard and Town’s desired redevelopment goals property. This same process the Roland and the Old Library (soon to be Macado’s). associated lea the many various town festivals and events. Mr. Peters also commented on six of the General Terms of the Purchase Optio Lease. 5 Vice Mayor Hare asked if the Town would exercise the option to buy the property and then turn around Mr. Peters responded that gives back out or to buy the property and also provides us some assurances that we can have some say-so in the property and market it initially on his behalf. The have some interest in the property because we are not in the business of marketing property for private parking lot. Vice Mayor Hare next asked why option and the parking lot lease were not two separate actions. Mr. Peters responded would patrons for the summer months and we would not be at risk to lose the rental of the parking lot process plays out. Vice Mayor Hare then asked if the Peters responded that there was no provision for it to construction be under way. The Mayor commented that this does not refusal and the opportunity to be involved. Vice Mayor Hare asked how the $5,000 will be paid out of the budget and Mr. Peters responded it was included in the FY2017-2018 Economic Development budget under Special Projects. Council Member Scheid asked if we have a right to put signage up so that patrons know the parking lot is available and Mr. Peters responded he has placed an order for sandwich boards that will be set up for both downtown shopping and events. Vice Mayor Hare next asked why this matter was not on the agenda as a briefing, but as an action item The Mayor responded that this piece of property has been discussed many times, but acknowledged that Vice Mayor Hare was right about normal process. decision to exercise the option would have to come back to Council have to be approved by Council. There was further discussion regardi 6 no different than the Farmers’ Market being used for public parking and it being blocked off for a special event. If the Chamber wanted to use part of the lot during Fall Festival, then approval, parking lot and personally leasing it for parking. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Council Member McCarty following roll call Vote 4-1; Yeas (4) – Liles, McCarty, Scheid, Grose; Nays (1) – Hare. Adopted Resolution Parking Lot Lease for th Vinton Motors Property The next item on the agenda was a briefing on a Performance Agreement to accept a $50,000 grant from the VEDP/DEQ Virginia Brownfield’s Assistance Fund (VBAF). Pete Peters commented that that Council recently authorized staff to pursue property. While establishing the Scope of Work with Ph provided for through a Brownfield’s Grant known as the VBAF administered by VEDP and VA DEQ. S (who is on our on-call list for A&E) to draft the grant application on the Town’s behalf submitted in early June. Staff has been advised that we needed. This does require a local 50% match; however, our purchase of the property will more than cover our portion. Also, if such as lead paint or asbestos are indeed found to be present after the assessments are concluded, we are essentially assured of additio mitigate cleanup through the VBAF program. In order to accept the Grant Funds, C grants outcomes towards reaching our project goals We are Agreement and anticipate presenting the agreement 7 Mr. Peters expressed thanks to Anita McMillan for identifying this grant opportunity and her assistance in working with Draper Aden Performance Agreement assessment to be concluded in early 2018. the number of times the Town can use our purchase of property as the match. Mr. Peters responded until we over-extend the actual purchase price and if we were awarded mitigation funds, we can us remaining balance of our purchase price. They did confirm that we can also use our local match of an associated grant, the CDBG Grant, because it is an adjoining revitalization effort. The Town Manager commented on the information received from skateboard park. Staff has reached out to VDEM because it appeared from the emails received from Congressman Goodlatte the decision was based on the information that was submitted in February. We had submitted an appeal in May and we do not believe that had been taken into consideration. project really is about because drawing of the park with our last appeal in May. The next item on the agenda was a report from McCarty commented that their last meeting was on June 27th and paving that had been completed on By-Pass Road (west-bound, College Street to Walnut Avenue. Hurt and Proffitt has been contracted to assess the intersection of Walnut Avenue and 8th Street for improvements of markings and signals to increase understanding and visibility realignment. They will also be assessing the intersection of and Vinyard Road for improvements to the flow of safety and traffic there. With regard to street markings and stripings, By- 8 Hardy Road will be remarked the whole length from Chestnut Street to the County line to include bike and turning lanes. Other items discussed were the SCADA system for received new radio equipment; stations were added and re- communication paths were funded from the operations budget through the Sunapsys maintenance contract. Thompson and Litton has been contacted to submit a proposal for reviewing the department for a void in positions and personnel and to look at ways of improving the operation. With regard to Macado’s, the pre-construction meeting has been held and the project is ready to move forward. the SCADA system would give a better notification when there is a problem. Joey Hiner responded that some of the sites have t but if there is no power at Public Works, they would not see it and if there is no power at the sites, the pumps will not run. In this upgrade, they added monitored at all and have ad The Mayor commented ribbon cutting for the Glade Creek Greenway and a new business in Town, the Country Corner. Under comments by Council: Vice Mayor Hare through on Almond Drive to avoid the traffic signal and asked about a targeted enforcement period. or private parking lots. He would Hiner to see if there c signage put in pla excessive speeding Chief Foster commented that the speed enforcement and also post the radar speed limit signs in that area. Vice Mayor Hare next commented that the Finance 9 additional Valley Metro ridership information showing hourly by stop along with a map showing the impact on RADAR if the route was adjusted The new budget made a route change by September and after that there will no longer be a budget to fund the part of the route that we had discussed eliminat Council Member Scheid commented that we need to find out what we are Hearing. riders would be to put signs at the bus stops on the affected route and have an open house at the War Memorial. the next step would be in the process. Council Member Scheid comme and while starting to move back in had discovered some additional concerns. It is his understanding that they have full intentions of moving back to their the “No U-turn” sign by his office that was referred to the Highway Safety Commission. responded that he had met with VDOT and wanted to meet pass on that information. commented that we will go ahead and schedule the meeting. Council Member McCarty asked reviewed the three options briefly—the Urban Archery Program, hiring of a private contractor and hiring police officers to shoot the deer. Based on was more complaints were public safety issue. Co leadership of our Police Department and mentioned the tragic accident that took the life of member of the Bedford County Fire and Rescue. 10 Council Member Liles commented on Dr. Law’s new dental office and someone coming into Town on Vir trying to do a U-turn at PFG and backing up traffic At one time there was a “No U-turn” Sign there, but Mr. Hiner responded the sign had been removed. The next item that was added to the agenda was a request to convene in Closed Meeting, pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as contract involving the expenditure of public funds, negotiating strategy of the public body. The subject matter would be to discuss contract negotiations with Roanoke County. Council Member Scheid made a was seconded by Council Member McCarty and voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – Closed Session at 8:49 p.m. At 9:30 the Certification that the Closed Meeting was held in approved on motion by Vice Mayor Hare; seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Certification of Closed Meeting Council Member Scheid made a motion to adjourn the meeting; the motion Council Member Liles carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare; Grose; Nays (0) – None. APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 18, 2017 AT 7:00 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 Vice Mayor Hare, and seconded by Council Member Liles with all in favor. Meeting Date August 15, 2017 Department Police Issue Recognition of Douglas Robertson and Josh Blake Summary Officer Danny Cox was involved in a pursuit which resulted in the subject losing control of his vehicle and crashing. Two subjects exited the vehicle, the passenger complying immediately with Officer Cox, the driver refused to comply and a struggle ensued, the suspect attempted to disarm the officer. Mr. Robertson and Mr. Blake were nearby when they noticed the struggle and assisted in subduing the suspect. Attachments None Recommendations Recognize Mr. Robertson and Mr. Blake Town Council Agenda Summary Meeting Date August 15, 2017 Department Police Issue Officers of the Month for July 2017 Summary Officer Andrew DiCarlo and Officer Dustin Bray were selected as Officers of the month for July. Chief Foster will read his Memo and recognize Officer DiCarlo and Officer Bray at the meeting. Attachments None Recommendations Recognize Officer Bray and Officer DiCarlo Town Council Agenda Summary Meeting Date August 15, 2017 Department Vinton Volunteer First Aid Crew Issue Report on the Vinton Volunteer First Aid Crew for July 2017 Summary Chief Wayne Guffey will be present to give this report to Council. Attachments July 2017 Report Recommendations No action required Town Council Agenda Summary Vinton First Aid Crew Inc. P.O. Box 314 Vinton VA 24179 Office of the Chief WGuffey@vintonems.com July 2017 Report  Volunteer Truck hours was 489 of 492 possible hours for 99 %  We had a unit in service 100% of the volunteer time  194total calls o 96 career hour calls Monday thru Friday 0600-1800 o 98 Volunteer hours calls Night, weekend.  Medic truck marked up 89% and a BLS Unit 11%  Responded to 83 out of 98 calls doing volunteer hours 85%  Handled 79 out of 98 calls doing volunteer hours 81% o Out of the 19 calls career handled 10 were 2nd emergency calls  Fractile Response time was 9.49  2185 man hours for the month of July  Total of 130 transports o Career 79 o Volunteer 51  54 new members as of now o 29 EMTS o 1 advanced EMT o 14 Medics o 9 In Training o 1 Driver Only  3 members recently became certified o Morgan Elkins- EMT o Ethan Sweeney- EMT o Chris Sayre- EMT-I Wayne Guffey Chief Vinton First Aid Crew Meeting Date August 15, 2017 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $4,057.50 to cover travel costs to send a detective to the Forensic Science Academy training session. Summary The Police Department is committed to keeping our Police Officers trained in the most up to date and available training. There is a current need for a Forensic Science Technician and Detective Todd Bailey has been accepted into this year’s training session. Only 12 applicants are accepted each year. There is no cost for the training; however, the Department must cover the related travel costs of lodging and per diem in the amount of $4,057.50. The Department is requesting that Council appropriate funds from the AFT Forfeitures Fund to the ATF Special Projects Expense account to cover these related travel costs. The Finance Committee reviewed this request at their July 18, 2017 meeting and recommends Council approval. 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, AUGUST 15, 2017 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Vinton Police Department is committed to keeping the police officers trained in all essential and available training; and WHEREAS, there is a current need for a Forensic Science Technician and Detective Todd Bailey has been accepted into this year’s session; and WHEREAS, there is no cost for the training; however, the Department must cover the related travel costs such as lodging and per diem and is requesting appropriation from the ATF Forfeitures Fund in the amount of $4,057.50 to cover said travel costs; and WHEREAS, it is necessary for the Vinton Town Council to appropriate $4,057.50 to the Police Department ATF Special Projects Expense Account 200.3101.731. NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Vinton does hereby approve the following budget entries: GENERAL LEDGER: 200.25100 Appropriations $4,057.50 200.25000 Estimated Revenue $4,057.50 REVENUE: 200.1899.008 Re-appropriated Fund Balance $4,057.50 EXPENSE: 200.3101.731 ATF Special Projects $4,057.50 This Resolution adopted on motion made by Council Member ________________, seconded by Council Member ______________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, CMC, Town Clerk Meeting Date August 15, 2017 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $1,820.00 received from the Foundation for Roanoke Valley, Melva P. Jones Fund for Music and Art, to purchase equipment and other needed supplies for the Mobile Community Services Unit. Summary The Police Department was awarded $1,820.00 to purchase equipment and other needed supplies for the Mobile Community Services Grant. These funds will purchase items that cannot be purchased with the funds from the 21st Century Community Policing grant. There is no required match for this grant. The Finance Committee reviewed this request at their July 18, 2017 meeting and recommends Council approval. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 PM ON TUESDAY, AUGUST 15, 2017, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Vinton Police Department has purchased a Mobile Community Services Unit (MCSU) through a grant from The Department of Criminal Justice (DCJS); and WHEREAS, there are 12 community policing events that the Department will be attending with the MCSU in various neighborhoods throughout the Town and there is a need to purchase items for these events that cannot be funded through the DCJS Grant fund; and WHEREAS, the Department has received a grant in the amount of $1,820.00 from the Foundation for Roanoke Valley, Melva P. Jones Fund for Music and Art, which can be used to purchase equipment and other needed items for the MCSU; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the General Fund Revenue Account to the Police Department 21st Century Community Policing Grant Expense Account. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following: BUDGET ENTRY: GENERAL LEDGER: 200.25100 Appropriations $1,820.00 200.25000 Estimated Revenue $1,820.00 EXPENSE: 200.3105.307 21st Century Policing Grant $1,820.00 REVENUE: 200.2404.027 21st Century Policing Grant $1,820.00 This Resolution adopted on motion made by Council Member ______________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 15, 2017 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $5,093.00 received from the Department of Criminal Justice Services and the Town’s required match of $566.00 to purchase 20 Shooter Response Kits. Summary The Department of Criminal Justice Services has approved a grant for the Police Department in the amount of $5,093.00 to include a match of $566.00 to be paid by the Department out of the Uniforms/Wearing Apparel budget. This funding, if approved by Council, will be used to purchase 20 Shooter response kits with Hard Armor Plate. These vests will be used in active shooter and school shooting incidents. The Finance Committee reviewed this request at their July 18, 2017 meeting and recommends Council approval. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 PM ON TUESDAY, AUGUST 15, 2017, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Department of Criminal Justice Services (DCJS) has approved a grant for the Police Department in the amount of $5,659.00, to include a match in the amount of $566.00, to be paid out of the Police Department’s operating budget; and WHEREAS, the Department would use these grant funds to purchase 20 Shooter Response Kits with hard armor plates to be used during active shooter and school shooting incidents; and WHEREAS, the matching funds will be taken out of the Department’s Uniforms/Wearing Apparel Expense Account and transferred to the LE Block Grant Expense Account; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the General Fund Revenue Account in the amount of $5,093.00 and transfer funds from the Uniforms/Wearing Apparel Expense Account to the LE Block Grant Expenditure Account. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following budget entries: GENERAL LEDGER: 200.25100 Appropriations $5,093.00 200.25000 Estimated Revenue $5,093.00 REVENUE: 200.2404.007 LE Block Grant $5,093.00 EXPENSE: 200.3105.366 LE Block Grant $5,093.00 TRANSFERS: EXPENSE: 200.3101.310 Uniforms/Wearing Apparel $ 566.00 200.3105.366 LE Block Grant $ 566.00 This Resolution adopted on motion made by Council Member ______________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 15, 2017 Department Fire/EMS Issue Consider adoption of a Resolution appropriating funds in the amount of $3,403.65 for the receipt of an insurance claim made on a Ford Super Duty Truck (ReHab2) of the Fire/EMS Department. Summary On July 18, 2017, the Fire/EMS ReHab2 vehicle was damaged during a response to an incident on the Roanoke River. The proper insurance filing was made with the Town’s insurance carrier, VML Insurance Programs, and payment has been received into the Revenue Account 200.1901.001– Recoveries and Rebates in the amount of $3,403.65. The $500.00 deductible was paid from the Town’s Fire/EMS operating budget. The Finance Committee reviewed this request at their July 18, 2017 meeting and recommends Council approval. 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, AUGUST 15, 2017 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on July 18, 2017, the Fire/EMS ReHab2 vehicle was damaged during a response to an incident on the Roanoke River; and WHEREAS, the proper insurance filing was made with the Town’s insurance carrier, VML Insurance Programs, and payment in the amount of $3,403.65 has been received into the Revenue Account 200.1901.001– Recoveries and Rebates; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Fire/EMS Department Expense Account 200.3205.304, Maintenance & Repairs of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following budget entries: GENERAL LEDGER: 200.25100 Appropriations $3,403.65 200.25000 Estimated Revenue $3,403.65 REVENUE: 200.1901.001 Recoveries and Rebates $3,403.65 EXPENSE: 200.3205.304 Maintenance & Repairs of Equipment $3,403.65 This Resolution was adopted on motion 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 August 15, 2017 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Performance Agreement to accept a $50,000 Virginia Brownfield’s Assistance Fund (VBAF) grant from the Virginia Economic Development Partnership (VDEP) for the Environmental Phase I and Phase II for the former Holdren’s Country Store/Gish’s Mill property. Summary Vinton staff partnered with Draper Aden and Associates to apply for the VBAF Grant in the amount of $50,000 in May of 2017 to conduct an Environmental Phase I and Phase II for the Gish’s Mill Property. The Town was recently notified that our application was accepted and execution of a Performance Agreement is required to receive the funds and track the benefits associated with the project’s completion. The Town’s expense to purchase the property will be used to meet the required one-to-one local match, therefore no additional Town funds will be required to proceed. Attachments Resolution Performance Agreement Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 15, 2017 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund (VBAF) was established pursuant to § 10.1-1237 of the Code of Virginia of 1950, to promote the restoration and redevelopment of brownfield sites in the Commonwealth and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; and WHEREAS, VEDP, in consultation with the Virginia Department of Environmental Quality (DEQ), has established guidelines for the awarding of Site Assessment and Planning Grants from the VBAF; and WHEREAS, VEDP, in consultation with DEQ, has approved an application submitted by the Town of Vinton for a Site Assessment and Planning Grant to conduct an Asbestos Containing Materials (ACM) and Lead Based Paint (LBP) Assessment and Phase I and Phase II Environmental Site Assessments (ESA) at a site formerly known as Holden’s Country Store/Gish’s Mill; and WHEREAS, VEDP, in consultation with DEQ and based upon the VBAF Program priorities, has awarded a Site Assessment and Planning Grant in the amount of $50,000 to the Town of Vinton for the Project; and WHEREAS, VEDP and the Town of Vinton desire to set forth their understanding and agreement as to the payout of the Grant, the use of the Grant proceeds, the obligations of the Grantee, and the repayment by the Grantee of all or part of the Grant under certain circumstances; and WHEREAS, the restoration and redevelopment of brownfield sites and addressing environmental problems or obstacles to reuse constitutes a valid public purpose for the expenditure of public funds and is the animating purpose in making the Grant. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Performance Agreement is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is herby authorized, for and behalf of the Town, to execute and then deliver the Performance Agreement in furtherance of the same. This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk 1 Town of Vinton VBAF Performance Agreement VIRGINIA BROWNFIELDS RESTORATION AND ECONOMIC REDEVELOPMENT ASSISTANCE FUND PROGRAM SITE ASSESSMENT AND PLANNING GRANT PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this ____ day of August, 2017 by and between the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY (“VEDP”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”) and the TOWN OF VINTON, VIRGINIA (the “Grantee”), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund (the “VBAF”) was established pursuant to § 10.1-1237 of the Code of Virginia of 1950, as amended (the “Virginia Code”), to promote the restoration and redevelopment of brownfield sites in the Commonwealth and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; WHEREAS, the VBAF is administered by the Virginia Resources Authority (“VRA”), and VEDP directs the distribution of grants from the VBAF; WHEREAS, VEDP, in consultation with the Virginia Department of Environmental Quality (“DEQ”), has established guidelines for the awarding of Site Assessment and Planning Grants from the VBAF; WHEREAS, VEDP, in consultation with DEQ, has approved an application submitted by the Grantee for a Site Assessment and Planning Grant to conduct an Asbestos Containing Materials (“ACM”) and Lead Based Paint (“LBP”) Assessment and Phase I and Phase II Environmental Site Assessments (“ESA”) (the “Project”) at a site formerly known as Holden’s Country Store, the Vinton Milling Company, Vinton Roller Mill and Gish’s Mill” (the “Site”); WHEREAS, VEDP, in consultation with DEQ and based upon the VBAF Program priorities, has awarded a Site Assessment and Planning Grant in the amount of $50,000 (the “Grant”) to the Grantee for the Project; WHEREAS, VEDP and the Grantee desire to set forth their understanding and agreement as to the payout of the Grant, the use of the Grant proceeds, the obligations of the Grantee, and the repayment by the Grantee of all or part of the Grant under certain circumstances; and WHEREAS, the restoration and redevelopment of brownfield sites and addressing environmental problems or obstacles to reuse constitutes a valid public purpose for the expenditure of public funds and is the animating purpose in making the Grant: 2 Town of Vinton VBAF Performance Agreement NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions For the purposes of this Agreement, the following terms shall have the following definitions: “Investment” means expenditures by or on behalf of the Grantee associated with the Project, including the Grant proceeds and the Local Match, set forth on Exhibit A. “Local Match” means the required one-to-one match by the Grantee of the amount of the Grant from public and/or private sources in either cash or documented reasonable and necessary costs associated with the Project. “Performance Date” means March 1, 2018, which is the date by which the Grantee expects to have completed the Project. If VEDP, in consultation with DEQ, deems that good faith and reasonable efforts have been made and are being made by the Grantee to complete the Project, the Performance Date may be extended by up to 15 months and the date to which the Performance Date has been extended shall be the “Performance Date” for the purposes of this Agreement. Section 2. Disbursement of Grant; Use of Grant Proceeds. (a) Disbursement: The Grant will be paid to the Grantee in one payment of $50,000. Promptly upon the execution and delivery of this Agreement by the Grantee, VEDP will forward to VRA a copy of this Agreement, together with a direction to disburse $50,000 to the Grantee. (b) Use of Grant Proceeds: The Grantee will expend the proceeds of the Grant only as permitted by § 10.1-1237 of the Virginia Code and as part of the Investment as outlined on Exhibit A. Section 3. Investment; Supplemental Grant. (a) Investment: The Grantee is expected to make the Investment and to complete the Project on or before the Performance Date. As the Project is undertaken, adjustments to the Investment may be needed. Except for de minimis adjustments (adjustments impacting, in the aggregate, less than 10% of the Grant proceeds), adjustments to the Investment require the prior written approval of VEDP and must be reflected on a revised Exhibit A provided to VEDP. (b) Local Match: Evidence provided by the Grantee to VEDP demonstrates that the Grantee has made the required Local Match on or before the Performance Date. (c) Supplemental Grant: If the Investment proves insufficient to allow the Grantee to complete the Project or other associated work identified through the results of the Project, a supplement grant in an amount of up to 20% of the Grant may be awarded if that additional 3 Town of Vinton VBAF Performance Agreement amount, plus other identified funds, will be sufficient to allow completion and if monies are available from the VBAF. If such a supplemental grant is awarded, the Grantee must provide an additional Local Match. Section 4. Reporting. (a) Grant Report: The Grantee may provide a written detailed report reasonably satisfactory to VEDP and DEQ indicating that the Project is complete, the Grant proceeds have been expended, and the Local Match has been made (“Grant Report”) at any time prior to the Performance Date. The Grantee must provide the Grant Report no later than May 1, 2018. The Grant Report should include: (i) a brief summary of the outcome of the Project; (ii) any adjustments made to the Investment; (iii) a statement that data collected reflects certification by the Virginia Environmental Laboratory Accreditation Program (“VELAP”); (iv) if the Site was not enrolled in the Virginia Voluntary Remediation Program (“VRP”), certification that Project has met remediation and risk standards of care for reuse of the Site and that the Grantee will maintain all records for facilitating potential future brownfields revitalization of the Site, to demonstrate appropriate care, and to facilitate potential future VRP enrollment if necessary; (v) pre- and post-Grant assessed property value; (vi) any before and after photographs; and (vii) whether or not the Site may be effectively marketed to new economic development prospects. (b) Status Report: The Grantee must provide a written detailed report reasonably satisfactory to VEDP and DEQ providing an update on the Site including recent economic development activity at the Site and surrounding properties since the Grant was awarded, additional investment and job creation, and whether the Site was successfully marketed to an economic development prospect. (c) Costs of Reporting: The cost of reporting will be borne by the Grantee. Section 5. Repayment Obligations. (a) If Investment is Less than Expected: If the Grant Report indicates that the Grantee was able to complete the Project for less than the expected Investment, such that the amount of the Grant proceeds exceeds the Local Match or the Grantee will not need all of the Grant 4 Town of Vinton VBAF Performance Agreement proceeds previously disbursed to the Grantee, the Grantee must repay to VEDP an amount equal to the excess amount or the amount of the Grant proceeds no longer required. (b) If Grant Proceeds are Misspent: If the Grant Report indicates, or any evidence gathered by VEDP reveals, that any Grant proceeds have been expended on anything other than the expected Investment, the Grantee must repay to VEDP the amount so misspent. (c) Failure to Complete by Performance Date: If it is determined that the Grantee is unable to complete the Project and expend the Grant proceeds by the Performance Date and the Performance Date is not extended, the Grantee must repay to VEDP the unspent proceeds of the Grant as of the Performance Date. (d) Repayments to Fund: VEDP will provide written notification to the Grantee if any repayment is due from the Grantee to VEDP under this Agreement. Within 60 days of receiving such notification, the Grantee will make the repayment to VEDP, subject to appropriation. Any repayment received by VEDP will be promptly transferred by VEDP to the VRA for redeposit to the Fund. Section 6. Notices. Formal notices and communications among the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: (PLEASE PROVIDE AN ADDITIONAL CONTACT IF SO DESIRED) if to the Grantee, to: with a copy to: 311 S. Pollard Street Vinton, VA 24179 Facsimile: 540-983-0626 Email: rpeters@vintonva.org Attention: Richard Peters, Jr. Facsimile: _______________ Email: __________________ Attention: 5 Town of Vinton VBAF Performance Agreement if to VEDP, to: with a copy to: One James Center, Suite 900 901 East Cary Street Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219 Facsimile: 804.545.5611 Email: moret@yesvirginia.org One James Center, Suite 900 901 East Cary Street Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219 Facsimile: 804.545.5611 Email: smcninch@yesvirginia.org Section 7. Miscellaneous. (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement between the parties hereto as to the Grant, and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Grantee may not assign its rights and obligations under this Agreement without the prior written consent of VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. In the event this Agreement is subject to litigation, each party shall be responsible for its own attorney’s fees. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 Town of Vinton VBAF Performance Agreement IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Robert W. McClintock, Jr. Title: Vice President, Research Date: , 2017 APPROVED AS TO FORM: TOWN OF VINTON, VIRGINIA _____________________________ Town Attorney By Name: Barry W. Thompson Title: Town Manager Date: , 2017 SEEN AND ACKNOWLEDGED: VIRGINIA RESOURCES AUTHORITY VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY By By Name: Name: Title: Title: Date: , 2017 Date: , 2017 Exhibit A: Investment 7 Town of Vinton VBAF Performance Agreement EXHIBIT A INVESTMENT Cost Item Amount Site Acquisition $57,500 ACM and LBP Assessment 5,000* Phase I ESA 5,000* Phase II ESA 40,000* In-Kind Administrative Expenses 2,500 Total $110,000 * The $50,000 Grant amount will be used for the ACM and LBP Assessment and Phase I and Phase II ESA Cost Items. 1 Meeting Date August 15, 2017 Department Planning and Zoning Issue Consider a motion to approve submitting an application for the Virginia Department of Transportation’s (VDOT) Office of Intermodal Planning and Investment (OIPI) Tier 3 Grant to support planning for and adopting revisions to the zoning and subdivision codes of the designated Urban Development Areas (UDA). Summary In August 2016, through UDA Planning Grant funding that was received from OIPI, the Town designated eight (8) UDA after a very involved planning process by the UDA Steering Committee. By designating UDAs or other growth areas, localities can maximize opportunities for funding through SMART SCALE. On July 19, 2017, Staff was informed of the availability of the OIPI Tier 3 Grant up to $65,000.00 for a professional planning consultant to support planning for and adopting revisions to the existing designated UDA. While our Mixed Use Development (MUD) District already incorporates the TND principles, Staff would like to pursue amending the current zoning and subdivision ordinances. The zoning ordinance and subdivision ordinances currently in place are very outdated and in some cases very restrictive on certain things such as off-street parking requirements. Staff would like to see a more modern approach to both of these ordinances. The revisions of both ordinances would allow the Town to better direct and promote high quality development, especially in the identified UDA. Staff, property owners and future developers would greatly benefit from code revisions that make development and redevelopment easier to regulate and implement. Attachments 1. Town of Vinton UDA Planning Assistance Grant Program Application. 2. Town Manager’s Draft Letter certifying that both the Planning Commission and Town Council have been made aware of and understand the purpose of the planning consultant’s assistance, and that one member of the Vinton Town Council and one member of the Vinton Planning Commission will be appointed to serve on the Town’s Planning Grant Steering Committee. Town Council Agenda Summary 2 Recommendations Motion to approve submitting application Urban Development Area* Planning Grant Application To designate areas for higher density mixed use development in the Comprehensive Plan in accordance with § 15.2-2223.1 of the Code of Virginia This application is for planning consultant assistance through the Commonwealth’s Office of Intermodal Planning and Investment to amend the locality’s comprehensive plan. Locality: Town of Vinton 2010 Census Population: 8,098 Grant Category Tier: Tier 3 Maximum Grant Request: $65,000 • Tier 1 Grant: Up to $65,000 Planning for and adopting Urban/Village Development Areas* Locality under 130,000 population • Tier 2 Grant: Up to $120,000 Planning for and adopting Urban/Village Development Areas* Locality over 130,000 population • Tier 3 Grant: Up to $65,000 Planning for and adopting revisions to existing Urban/Village Development Areas* - Any population Letter is attached from the County Administrator/City Manager/Town Manager certifying that the Planning Commission and Governing Body: • Understands the purpose of the planning consultant assistance, • Supports this grant application, and • Will appoint a member of each body to serve on a local planning grant steering committee to oversee the planning process. Locality Project Manager Contact Information: Name: Anita McMillan Title: Planning and Zoning Director Phone #: 540-983-0605 E-mail Address: amcmillan@vintonva.gov Mailing Address: 311 S. Pollard Street, Vinton, VA 24179 When was your jurisdiction’s comprehensive plan last updated? August 16, 2016 For all grant applications: Please provide either • A web page link to your comprehensive plan and future land use plan map that identifies areas for compact growth. http://vintonva.gov/DocumentCenter/Home/View/40 or • Submit a copy of the future land use plan map. (Included in Document above) Does your zoning ordinance include a zoning district that would allow compact, mixed use developments built according to the principles of traditional neighborhood design as described below.* Yes or No See: Mixed Use Development (MUD) District using link below. If yes, please provide a web page link to the locality’s zoning ordinance or a copy of the district regulations. https://library.municode.com/va/vinton/codes/code_of_ordinances?nodeId=PTIICO_APXBZO Please describe any additional limitations to the policies and planning designations, including subdivision ordinances, in your locality that you anticipate needing to amend in order to implement the UDA specified growth patterns, including the implementation of TND principles: While the Town’s Mixed Use Development (MUD) District ordinance incorporates the TND principles, the Town of Vinton is interested in amending the current zoning and subdivision ordinances. The zoning ordinance and subdivision ordinance that are in place are very outdated and in some cases very restrictive on certain things such as off-street parking requirements. The Town would like to see a more modern approach taken with both of these ordinances. Briefly describe the availability of local staff to work with and assist the planning consultant during 2017 with the comprehensive planning process and any revision of applicable land use ordinances: The Vinton Planning and Zoning office consists of three staff members. Anita McMillan is the Planning and Zoning Director, Karla Turman is the Associate Planner/Code Enforcement Officer, and Julie Tucei is the Planning and Zoning Coordinator. While we do have a small, limited staff, each staff member will play a role in the codes update. Staff will be made available to assist the planning consultant as needed with tasks related to the update. Please describe (no more than 3 pages) why your locality needs this assistance and what your expectations are for the final outcome. Please also include a general schedule for when you anticipate the UDA(s) identified in the grant funded study would be adopted into your comprehensive plan: The Town of Vinton’s recent completion of its Downtown Revitalization Project has led to the redevelopment of several existing under-utilized sites. The continued economic growth and development pressure have resulted in the need for updates to the current conventional (use-based) zoning and subdivision ordinances. Updates to the ordinances that regulate density, commercial development, access, parking, signage, landscaping, and the creation of overlay districts will be needed for the Urban Development Areas that were identified and adopted in August 2016. The zoning ordinance, as it stands, has the necessary elements to implement the UDA. However, the Town would like to update its subdivision and zoning ordinances in a way that will promote a style of development that preserves the small-town charm of Vinton while allowing development that is a “win-win” situation for the current residents, new residents, developers and the Town. The revisions of both ordinances should assist in preserving the Town and would allow the Town to better direct and promote high quality development especially in the identified development areas. Staff, property owners and future developers would greatly benefit from code revisions that make development and redevelopment easier to regulate and implement while fostering predictable results and high quality public places. The current zoning ordinance is conventional (use-based) in style. The Town wants to create a zoning ordinance that will help it achieves its vision for the future as outlined in the Comprehensive Plan and subsequent plan amendments. While the zoning ordinance must be overhauled to achieve many of the goals of the Comprehensive Plan, it must also be revised because it contains archaic and often ambiguous language. This can lead to undesirably broad interpretations of the regulations. Further, it is silent and gives no incentives to developers on some significant issues. The consultant will be responsible for ensuring that all the basic code elements are included in the new ordinance. If funding is received and a contract is signed by September 2017, Staff anticipates initial research/tasks will be completed by December 2017, and the revised ordinances could be in place by December 2018. The consultant will be responsible for recommending the organization and style of the ordinances. The zoning ordinance should be an efficient, easy-to-use document (hard copy and online) that will help implement the land use policies of the Town of Vinton. Mechanisms such as cross- referencing, illustrations and tables should be the primary methods to make the ordinance user- friendly. The consultant will have the primary responsibility for drafting and redrafting the text of the subdivision and zoning ordinances after receiving appropriate input from the community’s citizens, stakeholders, Planning Commissioners, Council members and Town staff. In establishing the zoning ordinance, the consultant should strive to develop a clear and user-friendly zoning ordinance using Smart Growth Zoning Codes. The Town's subdivision ordinance (Appendix A) was adopted in 1998. Staff wants to make sure these regulations are consistent with the new provisions of the Town's zoning ordinance, and streamlined, where feasible, to meet the Town's economic development objectives. At a minimum, the Town would like to take the opportunity, while updating the zoning ordinance to: • Confirm the updated zoning districts (boundaries and/or designations). • Review and confirm updated platting procedures and requirements. • Review and confirm updated subdivision design standards. • Coordinate and confirm with Vinton Public Works Department on any updated utility improvement requirements. It is anticipated the consultant will perform the following research/tasks before the actual writing of the ordinance: • Establish comprehensive participation, communication and information strategy to ensure appropriate volunteer, community, business, planning and other Town staff involvement during the creation of the zoning ordinance. • Perform a field survey to evaluate existing development comparing it to the current zoning districts and the Future Land Use Map to determine if reclassification of districts is necessary. If a re-classification of districts is necessary, then a new zoning map should be developed by the consultant to be consistent with the new re-districting. • Analyze the types of variances or special exceptions requested in the past ten (10) years to determine if a pattern has developed that would give insight into some of the planning issues that should be addressed in the new ordinance and recommend specific language for those. • Advise as to any applicable laws that will impact the issues to be addressed in the new ordinances. The ordinances must meet current Federal and Virginia State Code requirements. Drafting of the ordinance should begin after the aforementioned research/tasks are performed and any other research/tasks are performed as recommended by the consultant and agreed to by the Town as outlined in a contract. Staff and the consultant must agree to a scope, outline, and organization of the ordinance before the first draft has begun. * From § 15.2-2223.1 of the Code 5. Urban development areas [or similar designation; e.g. village development areas] . . . incorporate principles of traditional neighborhood design, which may include but need not be limited to (i) pedestrian-friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) mixed-use neighborhoods, including mixed housing types, with affordable housing to meet the projected family income distributions of future residential growth, (vi) reduction of front and side yard building setbacks, and (vii) reduction of subdivision street widths and turning radii at subdivision street intersections. ### Please submit an electronic copy of the completed application to herbert.pegram@VDOT.Virginia.gov by 5:00 PM Monday August 31, 2017. TOWN OF VINTON 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE (540) 983-0607 Barry W. Thompson FAX (540) 983-0626 Town Manager August 16, 2017 Mr. Herbert Pegram Virginia Department of Transportation Office of Intermodal Planning and Investment 600 E. Main Street, Suite 2120 Richmond, VA 23219 Dear Mr. Pegram: Please find the Town of Vinton’s attached application and funding proposal, requesting $65,000.00 in funds from the Virginia Department of Transportation’s (VDOT) Office of Intermodal Planning and Investment (OIPI) Urban Development Areas (UDA) Planning Grant to support the planning for and adoption of revisions to the Town’s existing designated UDA. This letter is to certify that, at their meetings held on August 3, 2017, and August 15, 2017, respectively, both the Planning Commission and Town Council have been made aware of and understand the purpose of the planning consultant’s assistance and are in support of this grant application. Additionally, one member of the Vinton Town Council and one member of the Vinton Planning Commission will be appointed to serve on the Town’s Planning Grant Steering Committee to oversee the planning process if our request for grant funding is approved. Anita McMillan, Vinton Planning and Zoning Director, will be the main point of contact for this project and will assist the planning consultant. Ms. McMillan can be reached by phone at (540) 983-0601 or by email at amcmillan@vintonva.gov. I trust you will find this grant application to be acceptable and favorable for grant funding. If you have any questions or need additional information pertaining to this project, please call give me a call at (540) 983-0607 or email me at bthompson@vintonva.gov. Sincerely, Barry W. Thompson Town Manager Attachment c: Anita McMillan, Planning and Zoning Director Meeting Date August 15, 2017 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Contract for Professional Legal Services between the Town of Vinton and Roanoke County Commonwealth’s Attorney Finance Committee Summary On June 25, 2017, the Town of Vinton entered into a Contract for Professional Legal Services with the Roanoke County Commonwealth’s Attorney for a two-year period beginning July 1, 2015 and ending June 30, 2017. The Roanoke County Commonwealth’s Attorney has submitted a renewal of said Contract to the Town for execution for a new two-year period beginning July 1, 2017 and ending June 30, 2019. Information was compiled and a meeting was held with the Commonwealth’s Attorney in order to make a determination of the feasibility of renewing said Contract. The Finance Committee has reviewed this information on several occasions and recommends that the Contract not be renewed. Attachments Contract for Professional Legal Services Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, AUGUST 15, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 311 S. POLLARD STREET, VINTON, VIRGINIA. WHEREAS, on June 25, 2017, the Town of Vinton entered into a Contract for Professional Legal Services with the Roanoke County Commonwealth’s Attorney for a two-year period beginning July 1, 2015 and ending June 30, 2017; and WHEREAS, the Roanoke County Commonwealth’s Attorney has submitted a renewal of said Contract to the Town for a new two-year period beginning July 1, 2017 and ending June 30, 2019; and WHEREAS, it is necessary that Vinton Town Council approve and authorize the Town Manager to enter into this new Contract with the Roanoke County Commonwealth’s Attorney for said two-year period. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Contract for Professional Legal Services is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Contract and any other necessary documents in furtherance of the same. This Resolution adopted on motion made by Council Member _________________, seconded by Council Member __________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth’s Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth’s Attorney, Edwin Randy Leach, III. In consideration of services described herein above, the Town hereby agrees to pay the Counsel $11, 586 per annum to be used as follows: 1. Each of the six attorneys listed in Attachment A will receive a pay supplement of $69.00 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of $1,931 each (including the employer portion of FICA tax at $5.27 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of $11,586 to the County of Roanoke, Finance Department, Attention Ms. Laurie Gearheart, PO Box 29800, Roanoke, VA 24018. At least semi-annually, Counsel will provide a summary of cases handled by Counsel, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Assistant Director of Finance, in order to ensure the payroll change is made. A copy of this amendment will be mailed to the Town of Vinton, Attention Mr. Barry Thompson, 311 South Pollard Street, Vinton, VA 24179. This contract is for a two year period only, commencing July 1, 2017 and ending on June 30, 2019. This contract may be renegotiated on a biennial basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property of the Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this _____day of ________________, 2017. TOWN SIGNATURE : ____________________________ Title: Town Manager Barry W. Thompson COUNSEL SIGNATURE : ____________________________ Title: Commonwealth’s Attorney ROANOKE COUNTY SIGNATURE : ______________________________ Title: Assistant Director of Finance ATTACHMENT A The following attorneys will receive a supplement of $69.00 per pay period for work performed for the Town of Vinton, during their period of employment with the County of Roanoke, for the period of time beginning July 1, 2017 and ending June 30, 2020. Paul Dull Aaron T. Lavinder Ashley E. Sweet Brian T. Holohan Nathaniel Griffith Camille Turner AMENDMENT TO ATTACHMENT A Due to changes in personnel, the following individual will no longer receive a supplement of $69.00 per pay period, for providing services to the Town of Vinton: ___________________________________ ____________________________ Name of Attorney Effective date to stop supplement Due to changes in personnel, the following individual will begin to receive a supplement of $69.00 per pay period, for providing services to the Town of Vinton: ___________________________________ ____________________________ Name of Attorney Effective date to start supplement Submitted By: _________________________________ __________________ Edwin Randolph Leach, III Date Commonwealth’s Attorney Approved By: _________________________________ __________________ Laurie Gearheart Date Assistant Director of Finance Meeting Date August 15, 2017 Department Planning & Zoning Issue Briefing on petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. Summary Mr. Andrew “Ty” Braxton inquired about using the property, located at 1125 and 1135 Vinyard Road, for an indoor and outdoor flea market. With the 2015 closing of Happy’s Flea Market on Williamson Road in Roanoke, Mr. Braxton feels that is a need for an indoor and outdoor flea market in the Roanoke/Vinton/Salem area. Per Article IV. District Regulations. Division 6. GB General Business District, in order to operate a flea market in this district, a SUP would have to be applied for and granted. On August 3, 2017, the Planning Commission held a public hearing to consider comments regarding the petition. Comments were received from three citizens regarding the request – one in favor of the petition and two against the petition. The citizen who spoke in favor of the petition stated that he was a vendor at Happy’s Flea Market for several years and he never witnessed any criminal activity as was indicated in the Calls for Service report from the Roanoke Police Department. The members of the Planning Commission voted 4-1 to recommend that Town Council deny the petition. Each of the four members that voted to recommend denial of the petition stated that they felt that the flea market was a good idea, but it was the wrong location. They also expressed concerns regarding trash being left behind by the outside vendors, as well as traffic congestion and safety concerns at the intersection of Vinyard Road and Hardy Road. The member that voted against recommending denial of the petition stated that he felt the flea market would be good for Vinton. He stated that customers would not just spend their money at the flea market, but would also spend money at surrounding businesses such as restaurants, grocery stores, and retail stores. Town Council Agenda Summary He also stated that the Town doesn’t need another building to remain vacant for years, such as the former Rite Aid building. Staff would like to state that, with a special use permit request, Town Council is given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance. Such conditions could include: limiting the hours of business, limiting the types of items vendors can sell (i.e.: no gun sales, etc.), requiring that all permanent vendors whether they are located indoors or outdoors have a business licenses, stating that all trash and discarded items must either be removed from the property or placed inside of the private dumpster at the close of each business day, etc. A condition can also be placed on the SUP that the access road between Niagara Road and Vinyard Road must remain open and accessible to the property, which could lessen the amount of traffic to and from the flea market on Vinyard Road. Staff would also like to remind Council that a SUP can be revoked if the conditions of the SUP are violated. Attachments Staff report and supporting documents. Recommendations No action required Meeting Date August 15, 2017 Department Police Issue Briefing on Amendment to Extra-Territorial Arrest Agreement between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem Summary The Extra-Territorial Arrest Agreement dated April 13, 2013 between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem has been amended to delete the following section in its entirety: 3. Notification ~ Any officer making an extraterritorial arrest shall give notice of such fact by filing a written report within forty-eight (48) hours of the arrest, enumerating the name of the person arrested, the offense and time, place and particulars of the offense, with the law enforcement agency in the jurisdiction where the arrest occurred. This requirement is automatically satisfied when the officer submits a report in accordance with his current departmental procedures so long as the department participates in the cooperative regional database currently known as “RACJIN.” This section was removed due to the following: 1. The program RACJIN is no longer in use and 2. Chief Assistant Commonwealth Attorney Betty Jo Anthony felt that the reporting criteria in the agreement provides unnecessary complications that could lead to dismissal of cases in court. All other provisions in the Agreement remain in effect. Attachments Amendment to Extra-Territorial Arrest Agreement Recommendations No action required Town Council Agenda Summary Page 1 of 8 AMENDMENT TO EXTRA-TERRITORIAL ARREST AGREEMENT THIS AMENDMENT , made and entered into the ____ day of __________, 2017, by and between the CITY OF ROANOKE, VI RGI NIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Roanoke", the COUNTY OF ROANOKE, VIRGI NIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "County", the TOWN OF VINTON, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Vinton", and the CITY OF SALEM, VIRGI NIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Salem". WHEREAS, the City of Roanoke, Virginia, County of Roanoke, Virginia, Town of Vinton, Virginia, and City of Salem, Virginia entered into an Extra-Territorial Arrest Agreement dated April 13, 2013; and NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: Paragraph 3 of the original Extra-Territorial Arrest Agreement is deleted in its entirety; and the entirety of the Amended Agreement is set forth below. W ITN E S S E T H WHEREAS, officers of the Town of Vinton, County of Roanoke, and the cities of Roanoke and Salem police departments have occasion during the course of their employment as town, county, and city police officers to be on duty outside the corporate boundaries of the political subdivision which employees them; and WHEREAS, it is the intent of Roanoke, Salem, Vinton, and the County to bestow extraterritorial arrest powers upon such officers who, while on duty outside the corporate boundaries of the political subdivision which employees them, observe certain offenses committed in their presence, without the creation of any additional liability for the political subdivision where the arrest occurs or its officers and employees; and WHEREAS, Section 15.2-1736 of the 1950 Code of Virginia, as amended, provides that the governing bodies of localities may, by proper ordinances or resolutions, enter in and become a party to contracts or mutual aid agreements for the use of their joint forces, both regular and auxiliary, their equipment and materials to maintain peace and good order. NOW, THEREFORE, for and in consideration of the undertakings of the parties to this Agreement, Roanoke, Salem and the County covenant and agree, each with the other as follows: 1. Definitions -As used in this Agreement, the following words and phrases shall have the meanings ascribed to them in this section. Roanoke - Shall mean the City of Roanoke, Virginia. Salem - Shall mean the City of Salem, Page 2 of 8 Virginia. County- Shall mean the County of Roanoke, Virginia. Town - Shall mean the Town of Vinton, Virginia. Extraterritorial arrest power - Shall mean the right, power and authority of an officer of the City of Roanoke, County of Roanoke, City of Salem, or Town of Vinton police department while in Roanoke County, the City of Roanoke, Salem, or Vinton to stop and effect arrests and otherwise enforce the law with respect to any violation of a state law which an officer would be required to act upon if working a regular tour of duty in their jurisdiction of employment. This section does not apply to, or include officers working in any off duty capacity, otherwise referred to as secondary police related employment. Officer- Shall mean any sworn officer of the respective police departments of Roanoke, Salem, Vinton, and the County. On Duty - Shall mean working an assigned tour with the employing law enforcement agency. Qff Duty - Shall mean that period of time during which an employee would not normally be scheduled or required to engage actively in the performance of police duties. This section does not apply to, or include officers working in any off duty, secondary police related employment. State Code - Shall mean the (1950) Code of Virginia, as amended. 2. Extraterritorial Arrest Power -An officer in Roanoke, Salem, Vinton, or the County shall possess extraterritorial arrest power while on d uty when any violation of state law becomes known to the officer, or probable cause exists to effect an arrest. This section is not Inclusive of any individual city, county, or town codes which reciprocal agreements do not cover. Any officer effecting or attempting to effect an extraterritorial arrest under or pursuant to this Agreement shall have the same rights, powers and authorities as the officer would possess in making or attempting to make an arrest in the political subdivision employing the officer under similar circumstances. Nothing in this Agreement shall be construed as requiring an officer to effect an extraterritorial arrest. 3. Responsibility of the Parties - Roanoke, Salem, Vinton, and the County agree that to the extent permitted by applicable law, each party to this Agreement will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with any extraterritorial police activity contemplated under this Agreement, but nothing contained herein shall be construed as a waiver of the sovereign immunity of any locality. 4. Operational Policies - Any officer effecting an extraterritorial arrest shall comply with the operational policies of his own department. Roanoke, Salem, Vinton, and the Page 3 of 8 County agree to hold their own officers, respectively, responsible and accountable for compliance with operational policies of the employing department. 5. Cooperative Joint Operations – Pursuant to this Agreement, a law enforcement officer from any of the participating localities who has the rank of lieutenant or higher may coordinate with a law enforcement officer of another participating locality of the rank of lieutenant or higher to coordinate a joint law enforcement operation that they believe will serve to better protect the health, safety and welfare of the citizens of their respective locality and the Roanoke Valley. 6. No effect on existing powers – This Agreement shall not supersede, restrict, limit or otherwise impair or affect extraterritorial arrest powers already existing pursuant to §15.2-1724. Police and other officers may be sent beyond territorial limits; §15.2-1727. Reciprocal agreements with localities outside the Commonwealth; §15.2-1728. Mutual aid agreements between police departments and federal authorities; §15.2729. Agreements for enforcement of state and county laws by federal officers of federal property; §15.2-1730. Calling upon law-enforcement officers of counties, cities or towns for assistance; §19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth; §19.2-249. Offenses committed on boundary of two counties, town cities, or county and city, etc.; where prosecuted; §19.2-250. How far jurisdiction of corporate authorities extends; and other sections of the State Code or any authority or power existing under the City of Roanoke Charter of 1952 or the City of Salem under the City of Salem Charter. 7. Rights of Officers – While acting under or pursuant to this Agreement, any city officer in the county, any town officer in the city or county, or any county officer in the city shall have all the Immunities from liabilities and exemptions from laws, ordinances and regulations and shall have all the pension, relief, disability, Workers’ Compensation and other benefits enjoyed by the officer while performing his/her respective duties within the territorial limits of his/her political subdivision. 8. No Backup – This agreement shall not be construed as requiring any city officer to act in the county or town, any town officer to act in the city or county, or any county officer to act in the city or town upon request to supplement or replace routine patrol or enforcement activities. 9. Loss or Damage to Equipment – The localities shall have no liability for any destruction, loss or damage of any motor vehicle, equipment or personal property owned and operated by the other localities in the exercise of extraterritorial arrest power under or pursuant to this agreement. 10. Immunities – This agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the localities, any officer, agent or employee of the localities. Page 4 of 8 11. Termination – any party to this agreement shall have the right to terminate this agreement, with or without cause, by giving written notice to the chief administrative officer of the other parties by certified mail, return receipt requested. Any termination shall be effective 10 days after receipt of notice of termination. 12. Completeness of Agreement – This agreement represents the entire and integrated agreement between Roanoke, Salem, Vinton, and the County and supersedes all prior negotiations, representations or agreement, either oral or written. This agreement may be amended only by written instrument signed by authorized representative of Roanoke, Salem, Vinton, and the County. 13. Gender – Any word importing the masculine gender used in this agreement may extend to and be applied to females as well as males. 14. Effective Date – This agreement shall be effective immediately upon its execution by ail of the parties hereto. IN WITNESS WHEREOF, the City of Roanoke, Virginia has caused this agreement to be signed and attested on behalf of the City by the City Manager and City Clerk, respectively, and the City of Salem, Virginia has caused this agreement to be signed and attested on behalf of the City by the City Manager and City Clerk, respectively, by the Town Manager on behalf of the Town of Vinton, and the County of Roanoke, Virginia has caused this agreement to be signed and attested on behalf of the County by the County Administrator and Clerk to the Board of Supervisors. Page 3 of 8 CITY OF ROANOKE By___________________________________ City Manager Attest: ______________________________ City Clerk Approved as to form: _______________________________ Roanoke City Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by __________________, City Manager, on behalf of the City of Roanoke, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Page 4 of 8 CITY OF SALEM By___________________________________ City Manager Attest: ______________________________ City Clerk Approved as to form: _______________________________ Salem City Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by __________________, City Manager, on behalf of the City of Salem, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Page 5 of 8 TOWN OF VINTON By___________________________________ Town Manager Attest: ______________________________ Town Clerk Approved as to form: _______________________________ Vinton Town Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by __________________, Town Manager, on behalf of the Town of Vinton, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Page 6 of 8 COUNTY OF ROANOKE By___________________________________ County Administrator Attest: ______________________________ Clerk to the Board of Supervisors Approved as to form: _______________________________ Roanoke County Attorney State of Virginia, County/City of Roanoke, to wit: The foregoing agreement was executed before me this _____ day of __________________, 2017, by Thomas Gates, County Administrator, on behalf of the County of Roanoke, Virginia. _____________________________________ Notary Public My Commission expires: _____________________ Meeting Date August 15, 2017 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on August 10, 2017 and will make a report to Council. Attachments None Recommendations No action required Town Council Agenda Summary