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HomeMy WebLinkAbout8/21/2018 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, August 21, 2018 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 minutes of the Regular Council meeting of July 17, 2018 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Presentation on the proposed amendment to the Town of Vinton Comprehensive Plan to adopt and incorporate by reference the 2018 Roanoke Valley Greenway Plan - Liz Belcher 2. Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ended June 30, 2017 awarded to the Treasurer/Finance Department – Anne Cantrell H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 J. TOWN MANAGER 1. BRIEFINGS 1. Briefing on Assistant Agreement between the City of Roanoke and the Town of Vinton – Town Manager 2. ITEMS REQUIRING ACTION 3. COMMENTS/UPDATES K. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Anne Cantrell 2. Public Works Committee – Joey Hiner L. MAYOR M. COUNCIL N. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Roanoke Valley Regional Cable TV Committee O. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body concerning the Town’s appeal to an employee grievance determination. P. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING Q. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: September 4, 2018 - 7:00 p.m. – Council Meeting – Council Chambers September 10, 2018 – 2:30 p.m. – Finance Committee meeting – TOV Conference Room September 20, 2018 – 7:30 a.m. – Public Works Committee meeting – Public Works Conference Room Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date August 21, 2018 Department Town Clerk Issue Consider approval of minutes of the Regular Council meeting of July 17, 2018 Summary None Attachments July 17, 2018 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JULY 17, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Anne Cantrell, Treasurer/Finance Director Pete Peters, Assistant Town Manager/Director of Economic Development Anita McMillan, Planning & Zoning Director Nathan McClung, Principal Planner Joey Hiner, Public Works Director William Herndon, Assistant Public Works Director Donna Collins, Human Resources Director Fabricio Drumond, Deputy Police Chief Chasity Barbour, War Memorial Facility Manager The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Scheid, Council Member Stovall, Vice Mayor Liles and present. Roll call After a Moment of Silence, Nathan McClung led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: July 24 – 11:00 a.m. – Farmburguesa Grand Opening; July 27 - Party in the Park with Chairmen of the Board - Farmers’ Market; August 10-26 - Star City Playhouse – Cactus Flowers; August 11 – Mingle at the Market with Uptown and August 18 – Lunchtime Theater on July 26th at 12 Noon. They plan to have it every month that they do not have a regular production. Deputy Police Chief Drumond made comments regarding the economic development and part of the symphony is innovative, optimistic developers with the ability and willingness to transform 2 Council Member Scheid made a motion to approve the Consent Agenda as presented seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles Nays (0) – None. A Council meeting of July 3, 2018 Anita McMillan, made brief comments and introduced Nathan McClung, the new Principal Planner in the Planning & Zoning Department. Pete Peters made brief comments and recognized Chasity Barbour, War Memorial Facilities Manager, on her completion of the 10- Valley program. Mr. Peters also commented that Ms. Barbour had been selected as one of three graduates to return as an Front Magazine as well information about Memorial. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for June 2018. Chief Office as a part of the permanent record. In response to a question, Chief Guffey commented further on the The next item on the agenda was a report on the Vinton Volunteer Fire Department for June 2018. Chief Oakes reported the new banners have gone up and they have another new member, Chase Caldwell, who is running with Fire and Rescue package and is on file in the Town Clerk’s Office as a part of the permanent record. Also, Megan Fisk who runs with Rescue Department. Cable Franchise Agreement. The Town Attorney commented that she had been working with Roanoke County and Roanoke City on the Cox Franchise Agreement renewal. She plans to brief Council at the 2nd will need to response to a question regarding any significant cha trying to get all of the localities that have Cox to have the same terms and conditions. There is a user fee for 3 added to the customer bill and the Town can impose up to a $0.20 surcharge. She will go into more detail at the briefing. The next item on the agenda was to consider adoption of a Resolution approving the lease financing of equipment and authorizing the execution, delivery and documents and actions. Anne Cantrell commented that Council was briefed on the results of the RFP that was issued by VML/VACo for financing HomeTrust Bank offered the lowest rate of 3.10% over a seven-year term. Staff is requesting that Council adopt this Resolution to authorize enterin agreement to finalize the purchase of the knuckle boom truck. Vice Mayor Liles made a motion adopt the Resolution as presented; Member Scheid vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Resolution execution, delivery and performance of a master equipment lease/ schedules to it an documents and actions The next item on the agenda was to consider adoption of a Resolution authorizing the Town Manager to file an application for allocation of Virginia Department of Transportation (VDOT) SMART SCALE funds for the Walnut Avenue Corridor Improvements Phase 2 Project Joey Hiner agenda package and commented require a local match. Council Member Scheid asked how the access aprons. Mr. Hiner responded the existing aprons will be improved to provide ADA access and s businesses that are currently entrances, which will require meeting wi business/property owners. Hurt & Proffitt, our design engineer, has laid out a plan with VDOT during a recent walk-through of the area. Council Member Scheid next asked if it the purchase of any right-of- responded that currently it does not look like there will be a need to purchase any right-of-way. The application is due August 1st FY2020 funds with an additional four years that. The next time we can apply for these funds would be in 2020. 4 With regard to the amount of money the Town is requesting, However, because this project, it will proba million. After further discussion, Council Member McCarty made a motion adopt the Resolution as presented; the motion was seconded by Vice Mayor Liles following roll call vote, with all members voting: Vote 5- 0; Yeas (5) – Nays (0) – None. Adopted Resolution authorizing the Town Manager to file an application for allocation of Virginia Department of Transportation (VDOT) SMART SCALE funds for the Walnut Avenue Corridor Improvements Phase 2 Project The next item on the agenda was to consider adoption of a Resolution authorizing the Town Manager modifications with the Transportation for road system enhancements VDOT has requested that Council adopt a more recent Resolution as the result of the RSTP funding for the sidewalk project along Walnut Avenue. Council is requested to so we can get the reimbursement of a little over $86,000. item at their meeting on Monday and recommended moving forward on the matter this meeting. Council Member Scheid Resolution as presented; Council Member Stovall and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Transportatio enhancements The Town Manager updated Council regarding Valley Metro July 23, 2018. We are moving forward with the Vinton route change and they will be presenting to us the cost effect of that route change at that meeting. The next item on the agenda was a report from the the Finance Committee year-end audit is completed in August. The are going through the next fiscal year. A Water Rate Analysis was reviewed and they 5 project. Also discussed was the RSTP reimbursement that Council just took action on and the Commerce first quarter rei and approved. The Mayor commented on the success of the economic development tour of the former William Byrd High School redevelopment, the former Vinton Library renovations into a renovations to the Lancer Lot. He also commented on the success of the recent ice cr Vinton Museum and Mingle at the Market. Comments from Council: Council Member Stovall expressed assistance as a new Council Member. Council Member Scheid commented on the recent study that was done for Valley Metro. The findings as reported by the newspaper are relative to few pockets of really high demand routes, use routes and the concept being inefficient. We need to stay on top of Valley Metro and their B what they are going to do with the recommendations of that study and rethink how they are running those buses around the Valley. The Town Manager commented that the study mentioned the changes on the Vinton bus route and he wa 23rd to moving forward with getting the route changed. Council Member Scheid next Town was consulted while they were doin Pete Peters responded that we were not consulted, but the consultant’s staff time doing ride-a-longs on all the routes at multiple times during the day, week and month. they made to the GRTC thorough job and it appears that within the next 12-15 months they are going to try to implement some of the recommendations because they are cost neutral. The rec those into their operations. Council Member McCarty reminded everyone that there would not be a Council meeting on August 7th and that Council would be participating in the National Night Out event. Vice Mayor Liles congratulated Chasity Barbour again and welcomed Nathan McClung to the Town. He also commented on the History Museum. All members of Council commented on the success of the economic 6 Council Member Scheid made a motion to adjourn the regular meeting; the motion was seconded by Vice Mayor Liles and members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. The regular meeting was adjourned at 8:00 p.m. After a ten minute recess, the Mayor opened the Work Session at 8:10 p.m. The first item on the Work Session agenda was a review of the Orientation Manual by the Town Attorney. The Town Attorney gave a PowerPoint presentation on Council Orientation, Procedures and FOIA/COIA copy of the presentation is on file in the Town Clerk’s record.) The next item for discussion related to the Council Committee structure. The Mayor asked for Council to the current structure. He felt that we have been able to get a lot of work done in the past few years by using the Committees. After further comments and discussion, Council recommended that staff members who are over points to go out with the Council members will then make the reports to Council and limit the time to no more than ten minutes. The next item for discussion related to monthly reports that are currently provided to Council— Departmental, Project Management, Volunteer First Aid Crew and Volunteer Fire Department. After discussion, each month. With regard to a statistical report being presented by the Police Department, Cou report be given each quarter along with the Officer of the Quarter presentation. these two reports continue to be provided to Council meeting on a quarterly basis. It was also recommended presentations of these reports would be 7 The Work Session adjourned at 9:15 p.m. APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 21, 2018 Department Planning & Zoning Issue Presentation on the proposed amendment to the Town of Vinton Comprehensive Plan to adopt and incorporate by reference the 2018 Roanoke Valley Greenway Plan Summary Staff prepared a memo for the Planning Commission summarizing the 2018 Roanoke Valley Greenway Plan for their work session and public hearing, which was held on August 2, 2018. Liz Belcher, the Roanoke Valley Greenway Coordinator, presented a PowerPoint presentation at the Planning Commission meeting. Comments were received from Arthur “Bud” LaRoche, Chairman of the Roanoke Valley Greenway Commission/Vinton’s representative on the Greenway Commission, and Bill Tangers, of Friends of the River and a member of the Blueways Committee. The Planning Commission voted unanimously to recommend that the Town Council amend the Town of Vinton Comprehensive Plan to adopt and incorporate by reference the 2018 Roanoke Valley Greenway Plan. Attachment 1. Staff memo for the Planning Commission’s work session and public hearing held on August 2, 2018. 2. PowerPoint presentation from Liz Belcher, Roanoke Valley Greenway Coordinator. Recommendations No action required. Town Council Agenda Summary TOWN OF VINTON 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE: (540) 983-0601 FAX: (540) 983-0621 ANITA MCMILLAN EMAIL: amcmillan@vintonva.gov PLANNING AND ZONING DIRECTOR TO: VINTON PLANNING COMMISSION Mr. Dave Jones, Chairman Mr. Keith Liles, Vice Chairman Mr. Bob Benninger Mr. Bill Booth Mr. Bob Patterson CC: Barry Thompson, Town Manager Members of the Vinton’s Greenway Commission Representatives Liz Belcher, Roanoke Valley Greenway Coordinator FROM: Anita J. McMillan, Planning and Zoning Director DATE: July 25, 2018 SUBJECT: 2018 Roanoke Valley Greenway Plan Staff on the behalf of the Roanoke Valley Greenway Commission is recommending that the Vinton Planning Commission endorses and adopts the 2018 Roanoke Valley Greenway Plan by reference as an element of the Town’s Comprehensive Plan. Roanoke Valley Greenway Commission Service Area includes the City of Roanoke, City of Salem, Roanoke County, Town of Vinton, and Botetourt County. In August 2007, the Vinton Planning Commission adopted the 2007 Update to the Roanoke Valley Conceptual Greenway Plan as an element of the Town’s Comprehensive Plan. In 2017, the Roanoke Valley Greenway celebrated its 20th anniversary and began looking ahead to plan for the future. The Greenway Commission has developed the 2018 Plan in conjunction with Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, the Town of Vinton, and the Roanoke Valley Alleghany Regional Commission (RVARC), taking into account progress and changes since 2007 and looking at specific goals and direction for the next ten years. The 2018 Roanoke Valley Greenway Plan provides an update on the status of greenway routes, document progress of the goals that were established in 2007, and incorporates Botetourt County, a new member of the Greenway Commission in June 2016, into the planning process and vision. The Greenway Plan Update process involved six public input meetings held in 2017, with one held at the Vinton War Memorial on April 10, 2017; On-line survey from February through April 2017; meetings with localities’ staff and officials; and public review of the draft plan in April 2018. Planning Commission July 25, 2018 Page | 2 Several developments and issues emerged during the update process:  Greenways have become important to the economic vitality of the region, supporting tourism, recruitment, redevelopment, festivals, fitness and a healthy environment. Greenways are the core infrastructure for the region’s brand, Roanoke Outside.  Greenways and trails are the face of the region for many visitors and potential businesses and thus should be well marked and well maintained, providing a pleasant and rewarding experience for all.  Citizens want a bikeable and walkable community, and need expanded signage and on-road facilities to provide connectivity between greenways, neighborhoods, and other destinations.  All user groups need to practice common courtesies, good greenway etiquette, and safe usage practices.  The growing greenway network requires increasing maintenance budgets to maintain service. The vision for the Roanoke Valley Greenway network is to have Roanoke River Greenway as the backbone of the system, running west to east, and then having north-south routes tying to Botetourt County and to the existing public lands and trail opportunities surrounding the Valley. The greenway network is part of the bicycle and pedestrian infrastructure for the region and provides the arterial routes, with connectivity to neighborhoods via sidewalks, bike lanes, and on-road facilities. Planning Commission July 25, 2018 Page | 3 Implementation of the Plan will require continued cooperation among the many partners and will offer opportunity for all of the community to be involved. The vision of finishing the Roanoke River Greenway has been a resounding theme echoed from the citizens and corporations, but the residents of the Valley are looking beyond Roanoke River to the next projects and total connectivity. The Town of Vinton designated many connections which they would like to see incorporated in the future, as shown in the map below. A complete list of all of the connections is as shown in the table below. Key connections to the greenway network include 33, 37, and 38, which connect Gladetown Trail, Glade Creek Greenway, and Wolf Creek Greenway respectively. There are also connections between planned trails, such as Number 24, which would connect Wolf Creek Greenway and the Perimeter Trail, and Number 25, which would connect Gladetown Trail to Wolf Creek Greenway. A major priority for Vinton is to improve bicycle and pedestrian accommodations along major thoroughfares such as Walnut Avenue and Washington Avenue. These corridors are a popular route for bicyclists seeking to reach the Blue Ridge Parkway from the City of Roanoke. Planning Commission July 25, 2018 Page | 4 The 2018 Roanoke Valley Greenway Plan reaffirms the goals and objectives of the 1995 Plan, progresses on goals and objectives from the 2007 Update to the Roanoke Valley Conceptual Greenway Plan. The 2018 Plan can be accessed via the link below: http://greenways.org/wp-content/uploads/2018/07/2018-Greenway-Plan-Approved-by-GC-June- 27.pdf. 2018 Roanoke Valley Greenway Plan Request: Adopt the 2018 Greenway Plan •Adopt 2018 Roanoke Valley Greenway Plan as an element of the Town’s Comprehensive Plan. •Why? •Intergovernmental Agreement established a cooperative, regional commission, not an authority. •Previous greenway plans (1995, 2007) were adopted. •Reaffirm each locality’s commitment. •Inclusion is critical to grant funding. Agenda for Work Session 1.The Process 2.The Public Input and Issues 3.The Plan Content – What’s New 4.The Goals and Objectives The Process •Summer 2016: Steering Committee, 5 localities •Fall 2016: Inventory, issue analysis, routes •Spring 2017: 6 public input meetings, 542 on-line survey •Revisions and development of new mapping •April 2018: Public review of draft plan •June 2018: Approval by Greenway Commission The Process – Concurrent Plans •Tinker Creek Feasibility Study •Daleville Greenway Meeting •Roanoke County Re- Imagine 419 •Roanoke City Parks and Rec Master Plan: meetings and survey •Oak Grove and Hollins Area Plans Public Input and Issues •Finish Roanoke River Greenway •Connectivity – to, between, beyond •Connect to Carvins Cove Input and Issues: Operations & Management •Control those “other” users •Signage, mile markers, on-site maps, apps •Environmental protection •Maintenance, especially after rains •E-bikes, electric skateboards Connecti vity Visitor Experience /Scenic Quality Destinati ons Land Ownership /ROW Feasibility/ Constraints /Cost Community Support Econ Potential Safety TOTAL Team 3 3 7 4 5 3 4 3 2 31 City 4 0 5 3 1 2 3 2 2 19 City 5 0 5 3 1 3 3 1 5 21 City 6 4 10 3 2 1 2 3 0 25 Ro 7 0 10 1 0 1 3 0 0 15 Ro 8 5 4 3 6 2 3 1 5 29 Ro 9 0 0 3 10 3 5 1 5 27 Ro 10 0 6 0 0 1 2 2 0 11 Ro 11 0 6 4 0 1 2 1 0 14 Ro 12 4 4 2 4 2 0 0 0 16 Ro 13 0 4 2 0 2 0 0 0 8 Ro Tinker Creek Connectivity Study Matrix Se g m e n t # Ranking Categories Tinker Creek Greenway •Yes, of course •NIMBY The Plan: Vision The vision is to have Roanoke River Greenway as the backbone of the system, running west to east, and then having north-south routes tying to Botetourt County and to the existing public lands and trail opportunities surrounding the Valley. The greenway network is part of the bicycle and pedestrian infrastructure for the region and provides the arterial routes, with connectivity to neighborhoods via sidewalks, bike lanes, and on-road facilities. The Plan: Update on Routes Miles 1995 2007 2018 Paved, surfaced 1.9 14.4 34.9 Trails 60.5 149.5 380.1 Bike Routes 9.6 24.7 135.3 Total 72.0 188.6 550.2 Glade Creek Greenway Greenway Network: 44 Routes Table 4-1: 2018 Roanoke Valley Greenway Network PROJECT NAME Plan # Localities Category Surface Appalachian Trail++ 1 Roanoke and Botetourt Counties, City of Roanoke 5 C Back Creek Greenway 2 Roanoke County 4 B-C Barnhardt Creek Greenway 3 Roanoke County, City of Roanoke 4 A-B-C Birding and Wildlife Trail Sites 4 All 5 A-B-C Blue Ridge Parkway Trails++ 5 Roanoke County, City of Roanoke 3 C Carvin Creek Greenway 6 Roanoke County 4 A-B-C Carvins Cove Trail Network 7 City of Roanoke 3 C Carvins Cove Connections 8 Roanoke and Botetourt Counties 4 B-C Catawba Greenway 9 Roanoke County 3 B-C City, County, and Town Park Trails 10 All 5 B-C Craig Creek Trail 11 Botetourt County 4 B Daleville Greenway 12 Botetourt County 3 A-B Eagle Rock Greenway 13 Botetourt County 3 B-C Elizabeth Greenway 14 City of Salem 3 A-B Explore Park Trail Network 15 Roanoke County 3 B-C Garden City Greenway 16 City of Roanoke 3 A-B Gish Branch Greenway 17 City of Salem 4 B-C New Routes: •Botetourt Co. Routes •National Forest Trails •Hinchee Trail •Blueways The Plan: Regional Connections •Bikeway Plans •Pedestrian Plan •Transit Plan Goals and Objectives •Greenway Construction •Funding •Land Acquisition •Community Outreach and Education •Organizational Structure •Greenway Management New Objectives & Strategies •Coordinate with long distance trails. •Encourage adequate capital maintenance and operations funding. •Refine local zoning ordinances to protect greenway corridors. •Expand the Greenway Ambassador program. •Develop an assessment of the economic impact of greenways locally. •Improve website design. New Objectives & Strategies •Consider renewable energy options, recycling. •Coordinate with stormwater projects. •Use greenways to meet school fitness goals. •Improve social media outreach. •Establish permanent record storage system. •Encourage good etiquette and responsible use. What Greenways Are in the Plan? •Category 1 – Red •Category 2 – Purple •Category 3 – Blue •Category 4 – Black •Category 5 - Green Next Steps – Questions? •Plan is on-line at www.greenways.org •Encourage Planning Commissions, City & Town Councils, County Boards of Supervisors to adopt the 2018 Plan. •Ribbon Cuttings Coming Soon: Salem Eddy St. bridge and Roanoke City Bridge to Materials Yard Thank You for Your Support through the Years! Meeting Date August 21, 2018 Department Finance/Treasurer Issue Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ended June 30, 2017 awarded to the Treasurer/Finance Department Summary The Town of Vinton has been notified that its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2017, qualifies for a Certificate of Achievement for Excellence in Financial Reporting for the 22nd year. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly communicate the Town’s financial story and motivate potential users and user groups to read the CAFR. Attachments None Recommendations Present the Award Town Council Agenda Summary Meeting Date August 21, 2018 Department Public Works Issue Briefing on Assistant Agreement between the City of Roanoke and the Town of Vinton Summary The Town’s Public Works Department needs to ensure that it has backup equipment available to collect solid waste within the Town in the case of a solid waste collection emergency, specifically not having an operable truck to collect refuse. The rental of said backup equipment from the City of Roanoke is deemed feasible due to the Town's geographical proximity to the City. Access to a truck is based on availability of equipment at the City. This is for short term usage - no more than five (5) days at a time. Town staff has worked with the City of Roanoke Solid Waste Department along with our Town Attorney in finalizing the attached Assistance Agreement. Two sections in the Agreement to take note of are as follows: • Section 6 – Charges for Emergency Rental of Packer Trucks – provides for a rate of $4.50 per mile measured from the City’s Public Works Building • Section 8 – Insurance – the requirement for the Town to provide a Certificate of Insurance The Agreement was adopted by Roanoke City Council at their meeting on July 16, 2018. Council will be requested to consider approving the Agreement by Resolution at their September 4, 2018 meeting. Attachments Assistance Agreement between the City of Roanoke and the Town of Vinton Recommendations No action required Town Council Agenda Summary ASSISTANCE AGREEMENT Between the City of Roanoke and the Town of Vinton THIS AGREEMENT is made and entered into this 18th day of July , 2018 , by and between the CITY OF ROANOKE , VIRGINIA , a Virginia Municipality , party of the first part (referred to herein as "the City"), and the TOWN OF VINTON , VIRGINIA , a political subdi vision of the Commonwealth of Virginia , party of the second part (referred to herein as "the Town"); WITNESS ETH WHEREAS , the City and the Town own and maintain Packer Trucks for the collection of solid waste within each of their respectiv e jurisdictions ; and WHEREAS , the Town desires to ensure that it has backup equipment available to collect solid waste within the Town in the case of a solid w aste collection emergency ; and WHEREAS , the To wn 's rental of City equipment for a solid waste collection emergency is deemed feasible due to the Town 's geographical proximity to the City; and WHEREAS , it is the intention of the parties that the City would pro v ide the Town with back-up Packer Trucks only as it may be av ailable for such use and upon request of the Town ; and WHEREAS , it is sound , desirable , practicable , and beneficial for the parties to this Agreement to render and accept such ass istance in accordance with the terms set forth herein ; (00253925.DOC ) NOW , THEREFORE , in consideration of the premises and considerations provided in this Agreement , and intending to be legally bound , the City and the Town agree as follows : 1. Term : The tenn of this Agreement shall be for an initial term of one year from August 1, 2018 , until July 31 , 2019 , subject to the termination rights of the parties as set forth in this Agreement. This Agreement may be renewed for two (2) additional one-year terms by the mutual agreement of the parties , in writing , thirty (30) days before the date of expiration of this Agreement. 2. Termination: This Agreement may be tenninated by either party at any time , for any cause , or no cause , upon ten (10) days written notice signed on behalf of either party. 3 . Duties of Town : a. The Director of Public Works for the Town may request that the City loan a Packer Truck or Packer Trucks to the Town when the Town deems that a solid waste collection emergency exists because the Town does not have sufficient Packer Trucks available to collect solid waste within its jurisdiction. A solid waste collection emergency shall be deemed to exist only when a mechanical breakdown or problem exists which renders a Packer Truck unsafe , incapable of performing its tasks as designed , or inefficient in perfonning its tasks as designed. b . If the City make s available to the Town a Packer Truck or Packer Trucks , the Town shall pick up , and deli ver , such Packer Truck or Packer Trucks at the { 00253925. DOC } 2 City's Public Works Building located at 1802 Courtland Road , N.E., Roanoke , Virginia 24012 (hereinafter , "Public Works Building"), during ordinary business hours of the City. c. Upon pick up or delivery , City and Town representatives will inspect the Packer Truck or Packer Trucks prior to deployment and after deployment , and sign an acceptance letter for the equipment before and after each event. Such acceptance letter shall reflect the beginning and ending mileage showing in the odometer of any Packer Truck loaned to the Town. d . During the use of any Packer Truck, the Town will cover the City of Roanoke logos on all loaned equipment in a manner that does not damage the paint or exterior of any Packer Truck. e . At no time will a Packer Truck be borrowed by the Town for more than five (5) consecutive business days. f. Should the City need the services of any Packer Truck, or should the City wish to have any Packer Truck returned , for any reason or for no reason , the City shall notify the Town , in writing , that it wishes to have a particular Packer Truck returned to the City 's Public Works Building by a date and time certain . Failure to return such Packer Truck by the stated deadline will constitute the Town 's agreement to be responsible for the City 's expenses incurred by the Town 's failure to return the Packer Truck . g. The Town shall perfonn the daily maintenance upon any Packer Truck loaned to it pursuant to this Agreement prior to use . Such maintenance is described in Attachment A. { 00253925. DOC } 3 4. Duties of City: Following receipt of the Town 's request to borrow a Packer Truck or Packer Trucks , the Manager of the Solid Waste Division for the City shall notify the appropriate chain of command of the request and determine which Packer Truck or Packer Trucks , if any , may be available to respond to the Town 's request for assistance . The determination of whether a Packer Truck is available to loan to the Town under this Agreement shall be within the sole and absolute discretion of the City Manager for the City or the City Manager's designee. 5. Denial of Request by City: The City's rendering of assistance under the terms of this Agreement shall not be mandatory however , in the event assistance is denied , the City 's solid waste management representative receiving the Town's request shall immediately infonn the Town's representative of the reason assistance cannot be rendered. 6. Charges for Emergency Rental of Packer Trucks: Any Packer Truck loaned under this Agreement shall be borrowed at a rate of $4.50 per mile , measured from the City 's Public Works Building. The City will provide a full tank of fuel upon dispatch of the Packer Truck , and the Town shall return the equipment with a full tank of fuel. Failure to return the Packer Truck with a full tank of fuel shall result in the Town being charged $3.50 per gallon or the prevailing retail rate in the City of Roanoke in the i1mnediate vicinity of the Public Works Building for the fuel used by the Packer Truck, whichever is higher. Any funds due the City under this Agreement shall be paid to the City within thirty (30) days . {00253925.DOC ) 4 7 . Governmental Tasks: The parties shall be deemed to be operating in a governmental capacity , inclusive of liability for injuries to property, employees , or third parties which may occur as the result of the rental and operation of any Packer Truck pursuant to this Agreement. 8. Insurance: a. Requirement of insurance . The Town shall, at its sole expense , obtain and maintain during the life of this Agreement the insurance policies required by this section . Any required insurance policies shall be effective prior to the beginning of any work or other performance by the Town under this Agreement. The following policies and coverages are required: (1 ). Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss , cost , damage , expense or liability from loss of life or damage or injury to persons or property arising out of the Town's performance under this Agreement. The minimum limits of liability for this coverage shall be $1 ,000 ,000.00 combined single limit for any one occurrence . (2). Contractual Liability. Broad fonn contractual liability msurance shall include the indemnification obligation set forth in section 9 of this Agreement. (3). Workers' Compensation . Workers' compensation insurance covenng the Town 's statutory obligation under the laws of the Commonwealth of Virginia and employer 's liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for employer's {00253925.DOC ) 5 liability shall be one hundred thousand dollars and no cents ($100 ,000.00) bodily injury by accident each occurrence ; five hundred thousand dollars and no cents ($500 ,000 .00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100 ,000.00) bodily injury by disease (each employee). With respect to workers ' compensation coverage , the Town 's insurance company shall waive rights of subrogation against the City , its officers , employees , agents , volunteers and representatives. (4). Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $1 ,000 ,000 .00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. b. Umbrella Coverage. The insurance coverages and amounts set forth in subsections (1), (2), (3), and (4) of this section may be met by an umbrella liability policy following the fonn of the underlying primary coverage in a minimum amount of $1 ,000 ,000 .00. Should an umbrella liability insurance coverage policy be used , such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1 ), (2), (3), and 4), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Town to this City. C. Primary and Noncontributory . The Town agrees that the insurance provided by the Town pursuant to this Agreement shall be primary and shall not seek contribution from any other insurance av ailable to the City. {00253925.00C } 6 d. Evidence of Insurance . All msurance shall meet the following requirements: (1 ). Prior to execution of this Agreement, the Town shall furnish the City a certificate or certificates of insurance showing the type , amount , effective dates and date of expiration of the policies. Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. (2). It shall be the responsibility of the Town 's Public Works representative to notify the City should the insurance covered by this certificate be cancelled or materially altered. (3). The required certificate or certificates of insurance shall name the City of Roanoke , its officers , employees , agents, volunteers and representatives as additional insureds . ( 4). Where waiver of subrogation is required with respect to any policy of insurance required under this section , such waiver shall be specified on the certificate of insurance. (5). Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be umeasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. The maximum amount of any deductible under any and all insurance coverage shall not exceed$ _____ _ {00253925.DOC } 7 9 . Indemnification: To the extent permitted by law , the Town agrees and binds itself, and its successors and assigns to indemnify , keep and hold the City and its officers , employees , agents , volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property , including any Packer Truck which is loaned pursuant to this Agreement , growing out of or directly or indirectly resulting from any act or omission of the Town,, its officers, employees , agents , volunteers and representatives including: (a) the Town, its officers , employees , agents , volunteers and representatives ' use of the streets of the City; (b) the Town , its officers, employees , agents , volunteers and representatives' use or maintenance of any of the Packer Trucks which are the subject of this Agreement ; (c) the exercise of any right or privilege granted by or under this Agreement ; or ( d) the failure , refusal or neglect of the Town , its officers , employees , agents , volunteers and representatives to perform any duty imposed upon or assumed by the Town, its officers , employees , agents , volunteers and representatives by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers , employees , agents , volunteers or representatives at law or in equity , either independently or jointly with the Town on account thereof, the Town , upon notice given to it by the City or any of its officers , employees , agents , volunteers or representatives , will pay all costs of defending the City or any of its officers , employees , agents , volunteers or representatives in any such action or other proceeding . In the event of any settlement or any final judgment being awarded against the City or any of its officers , emplo yees , agents , volunteers or representatives , either independently or jointly with the Town, then the Town will pay ( 00253925. DOC } 8 such settlement or judgment in full or will comply with such decree , pay all costs and expenses of whatsoever nature and hold the City or any of its officers , employees , agents , volunteers or representatives harmless therefrom. 10. Regulations: the Town shall fully comply with all local , state , and federal ordinances , laws , and regulations. Only persons to whom a valid Commercial Dri ver's License has been issued shall be allowed to operate any Packer Truck loaned to the Town pursuant to this Agreement. 11. Negotiation: This Agreement has been fully negotiated by and between the parties and shall be construed as if both parties had an equal responsibility in the drafting hereof. 12. Entire Agreement: This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations , representations or agreements , either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. 13. No Waiver of Tenns of Agreement: No failure of any party to insist upon strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the tenns hereof, shall be deemed a waiver of any provision of this Agreement in any instance. 14 . No Third Party Beneficiary: The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights , express or implied , upon any third person unless otherwise expressly provided for herein . {00253925.DOC ) 9 15. Forum Selection and Choice of Law: By virtue of entering into this Agreement , the Town submits itself to a court of competent jurisdiction in the City of Roanoke , Virginia , and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims , disputes , and other matters shall only be decided by such court according to the laws of the C01mnonwealth of Virginia . 16. Notice: Any notice , request , or demand given or required to be given under this Agreement shall , except as otherwise expressly provided herein , be in writing and shall be deemed duly given only if delivered personally or sent by certified mail , return receipt requested to the addresses stated belo w . To the City : To the Town : City Manager for the City of Roanoke Room 364 , Noel C. Taylor Municipal Building 215 Church Avenue , S . W. Roanoke , Virginia 24011 Town Manager for the Town of Vinton 311 S. Pollard Street Vinton , Virginia 241 79 Notice shall be deemed to have been given , if delivered personally , upon delivery , and if mailed , upon the third business day after the mailing thereof. 17. Captions and Headings: The section captions and headings are for converuence and reference purposes and shall not affect in any way the meaning or interpretation of this Agreement. 18. N onassignment: The parties agree not to assign or transfer any part of this Agreement without the prior written consent of the other party hereto. Such written consent shall specifically refer to thi s Agreement. { 00253925. DOC ) 10 19. Severability: If any term of this Agreement is found to be void or invalid , such invalidity shall not affect the remaining terms of this Agreement , which shall continue in full force and effect. 20. Authority to Sign : The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their respective capacities as indicated . SIGNATURES APPEAR ON FOLLOWING PAGE {00253925.DOC ) 11 IN WITNESS WHEREOF the parties hereto hav e executed this Agreement as of the day and year first abo ve w ritten . ATTEST : Def'°, City Clerk APPROVED AS TO FORM : <I ~~ ;4, City Attorney APPROV E D AS TO EXECUTION: City Attorney Authorized by Roanoke City Ordinance No. 41188-071618 ATTEST Town Clerk { 00253925. DOC } TOWN OF VINTON , VIRGINIA By:------------­ Barry W. Thompson Town Manager APPROV E D AS TO FORM : Town Attorne y APPROVED AS TO EXECUTION : Town Attorne y 12 ATTACHMENT "A" SWM VEHICLE LOANER CHECKOUT/CHECKIN DATE : _____ TIME : _____ TRUCK NUMBER: ______ FLEET ACKNOWLEDGED REP ___________ _ T OWN OF VINTON REPRESENTATIVE ---------------SWM SUPERVISOR _____________ _ MILE AG E OU T _________________ MILEAGE OU T ______________________ _ Post-Trip ITEM OK OK Shopped COMMENTS HAV/C AIR PRESSURE (120psi) LOW/HIGH ALARMS -BUZZERS -HORN BATTERY -CHARGING/STARTING SYSTEM BEL TS/HOSES BRAKES CAB (clean and free of loose material , etc) COOLING SYSTEM -ENGINE , RADIATOR FREE OF DEBRIS ELECTRICAL (other) -COOL BOX/GAUGES/INSTRUMENTS EXHAUST SYSTEM FLIPPERS (operational/damage) FLUID LEVELS HYDRAULIC SYSTEM/PTONALVES LEAKS (oil , aft , p/s , coolant, hydraulic) LIGHTS/SIGNALS PACKING MECHANISM STEERING/SUSPENSION Post-Trip ITEM OK OK Shopped COMMENTS OUTSIDE APPEARANCE (clean , damage , etc) SAFTEY EQUIPMENT: 1. Fire Extinguisher 2. Spill Kit 3. Triangles 4 . First Aid Kit 5. Scotch Block 6 . Seat Belt TAILGATE SESSION NO NOTES )i> Flipper )i> Backing Truck )i> Communication IN CASE OF AN EMERGENCY PLEASE CALL JEFFREY POWELL , CITY OF ROANOKE SOLID WASTE MANAGEMENT 804-339 -3127 or 540-330-5059 FLEET MANAGEMENT -540-853-2423 Meeting Date August 21, 2018 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on Monday, August 13, 2018. The following items were discussed at the meeting: • Approved the June 11, 2018 and July 16, 2018 minutes • Approved the Volunteer First Aid Crew 1st Quarter Reimbursement Request • Held a Closed Session pursuant to § 2.2-3711 (A) (29) of the 1950 Code of Virginia, as amended, for discussion of contract negotiations with Roanoke County, namely the Gain Sharing Agreement. Attachments None Recommendations No action required Town Council Agenda Summary 1 Meeting Date August 21, 2018 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on Thursday, August 2, 2018. The following items were discussed at the meeting:  Refuse ordinance update • Staff is using the current Solid Waste ordinance of Christiansburg as a framework for constructing a new Solid Waste ordinance for Vinton • Issues to consider:  Apartments, multi-units, establishing maximum number of cans.  Reduce entering private property with trucks  Areas of concern - alleys, narrow streets, downtown  Cans per unit • Trip to Bedford was scheduled to learn about that program. Will make report on this visit to PW Committee.  Roanoke City Refuse Truck Agreement: • As mentioned earlier in the meeting, the Committee recommends approval by Council  Stormwater MS4 Audit update: • Audit process is more in-depth than annual reports, gone through multiple reviews that has extended into July • 2017 Annual Report is due Oct 1; we will work with consultant to complete  Right-of-Way Mowing proposed ordinance update: • Codify the expectation that R-o-W area adjacent to private property is to be maintained by owner/resident. • Concerns the area between the property line and pavement; grassy area from curb to sidewalk; vegetative growth in sidewalk and curb seams; halfway across alleys. • Using Roanoke City ordinance as model. Town Council Agenda Summary 2 Attachments None Recommendations No action required Meeting Date August 21, 2018 Department Council Issue Appointments to Boards/Commissions/Committees 1. Roanoke Valley Regional Cable TV Committee Summary The following appointment needs to be considered by Council: Roanoke Valley Regional Cable TV Committee Mary Beth Layman’s term expires on the Cable TV Committee on August 31, 2018. She is interested in being re-appointed to another three-year term beginning September 1, 2018 and ending August 31, 2021. Attachments None Recommendations Motion to re-appoint Mary Beth Layman to the Roanoke Valley Regional Cable TV Committee for a new three-year terms beginning September 1, 2018 and ending August 31, 2021 Town Council Agenda Summary Meeting Date August 21, 2018 Department Council Issue Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body concerning the Town’s appeal to an employee grievance determination. Summary None Attachments Certification of Closed Meeting Recommendations No action required Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 21, 2018 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 _________________ and seconded by _________________ with all in favor. ___________________________________ Clerk of Council