HomeMy WebLinkAbout1/17/2017 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, January 17, 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 of the regular Council meeting of January 3, 2017
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Recognition of Lydia Verdillo, Employee of the Year
2. Report on the Vinton Volunteer First Aid Crew for November and December and a
recap of 2016
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. PUBLIC HEARING
1. Consideration of public comments regarding the proposed granting of a Lease
Agreement to WVJT, LLC, a West Virginia limited liability company, for the purpose
of locating radio communications equipment, antennas, and related equipment to
be used in connection with its business of operating a radio station on a water tank
located at 945 3rd Street, Tax Map No. 070.08-01-01.10-0000, in the Town of
Vinton, Virginia, said Lease Agreement to be for a one-year period with no more
than four additional one-year renewal terms.
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
a. Open Public Hearing
• Report from Staff – Barry Thompson
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Council to consider adoption of a Resolution
J. TOWN ATTORNEY
1. Briefing on Undeveloped Right-of-Way Vacation Policy – Town Attorney
K. BRIEFINGS
1. Briefing on petition of Rachel Robertson for a Special Use Permit (SUP) for a Home
Occupation for a Personal Service Business to operate a small pilates exercise
studio at 1345 Duke Drive, Tax Map Numbers 061.18-01-06.00-0000 and 061.18-
01-07.00-0000, zoned R-1 Residential District – Anita McMillan
L. ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution allowing the Finance Department to reallocate
budget to cover payroll adjustments during the fiscal year – Anne Cantrell
2. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to
create a general ledger account to track and restrict the use of Community
Development Block Grant (CDBG) Revolving Loan Program funds – Anne Cantrell
3. Consider adoption of a Resolution in support of the Market Place Fairness Act –
Barry Thompson
M. TOWN MANAGER
N. MAYOR
O. COUNCIL
1. Comments from Council
2. Appointments to Boards/Commissions/Committees
P. ADJOURNMENT
NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
February 7, 2017 – 5:30 p.m. – Finance Committee Meeting–Administrative Conference Room
February 7, 2017 – 7:00 p.m. – Council Meeting – Council Chambers
February 13, 2017 – 3:00 p.m.– Finance Committee Meeting–Administrative Conference Room
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
January 17, 2017
Department
Town Clerk
Issue
Consider approval of minutes of the regular Council meeting of January 3, 2017
Summary
None
Attachments
January 3, 2017 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, JANUARY 3, 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
Susan Waddell, Town Attorney
Richard W. Peters, Assistant Town Manager/Director of
Economic Development
Anne Cantrell, Interim Finance Director
Tom Foster, Police Chief
Joey Hiner, Public Works Director
The Mayor called the regular meeting to order
at 7:00 p.m. The
Council Member Liles,
Council Member Scheid, Vice Mayor Hare and
Mayor Grose present.
Roll call
After a Moment of Silence, Council Member
Scheid l
Flag.
Under upcoming community events, Council
Member McCarty commented on the
the New Year’s Eve Gala at the War Memorial.
Under requests to postpone, add to or change
the order of agenda items, the Town Manager
asked to add Item No. 2 under briefings to discuss
the use of Town property.
Vice Mayor Hare made a motion to approve the
seconded by Council Member Scheid
by the following vote, with all members voting: Vote
5-0; Yeas (5) –
Approved minutes of the regular
Council meeting of November 15, 2016
The next item on the agenda was the recognition
of
Elementary School, who was the
Milken Educator Award. The Mayor
comments and then recognized Ms. Murray by
2
Ms. Murray made comments in appreciation for her
recognition by Council. The Mayor recognized Ms.
Roanoke County IT Department.
The
neighbor in the Town made an anonymous
The next item on the agenda was a briefing on
the 2017 Real Estate Reassessment. Billy Driver,
shows s
presentation.
Town increased by 1.27%.
presentation is on file in the Town Clerk’s Office and
will be made a part of the permanent record.)
sales. One trend to look at are younger people who
people want to do business here.
Vice Mayor Hare asked what th
County increased 1.83%, which included the Town.
The next item added to the agenda related to
the use of Town property.
group that is owned by the
Group
25th for an FCC filing. If Council agrees to
proceed with their request, the Town Attorney has
Public Hearing to be held at the January 17th
Council meeting.
Their request is to use the water tank on 3rd Street
for the placement of an antenna and to enter into
3
also requesting Council to give us the ability to
negotiate with them a price per month. The cost
of the advertisement would be their expense.
They are also requesting to temporarily use our
radio tower at
to construct at the 3rd Street location. Since this is
where the Town's public safety communications is
located, they have agreed to cease
caused by their transmission.
The Town Manager next commented that Mr.
Parker and Mr. Murray are present
explain the technical aspect
meeting over to Mr. Murray.
General Manager
Lewisburg and Lynchburg and also own
properties in Arizona and Colorado.
rebroadcast AM stations to hopefully revitalize the
AM market. His group puts up the translators and
are requesting to erect on the Town’s water tank a
AM radio station.
with another party, but the cost w
too high.
uses 250 watts.
another station. They are in the final negotiations
with an
been signed.
Council Member Scheid asked the range of the
programming
Parker, an engineer for Mr. Murray’s group,
responded that
watts is basically the bowl of Roanoke and Vinton,
a circle of the antenna from 15 to 20 miles.
Mr. Parker
antenna and commented that the
that the antenna would be place
about 15 feet. That is basically no taller than the
4
water tank just adjacent to the antenna that is
already there. It will be a two-
probably up the back of the climbing ladder to the
recommend. They only need one 20 AMP circuit.
Mr. Parker next commented that his job was to get
Mr. Murray on the air before he
construction permit and a
urgency. He had sug
possibly
temporarily if they cannot construct on the 3rd
Street location to meet the January 25th deadline.
The Mayor asked what
would
Parker responded it would be 30-
maximum. Once an agreement is worked out with
the Town and the owners of the translator, he has
a tower crew. The actual construction would only
take a day or two if the weather cooperates.
FAA regulations
needs to be lit. He estimated the water tank to be
50 to 60
the top of the pole would be under the FAA rules.
The same would apply to the Virginia Avenue site.
Council Member Scheid asked the Town Manager
if there were any zoning ordinance or s
Joey Hiner if he had any concerns about the 3rd
antenna.
prefer not to have third-party facilities
our
attached to the ladder or the tank itself. The other
system for the Town’s utilities.
The Town Manager commented that T-Mobile
our facility. He was under the impression that Mr.
Parker would be constructing a tower. Mr. Parker
5
foot pole on top of the water tank. If the
agreement that T-Mobile has with the Town allows
them to sublet, they could contact T-Mobile if that
is the path the Town would like them to take.
location. Mr. Parker
tank sees much more of the bowl of Roanoke.
If an agreement is worked out with the Town, they
have to re-
done in 48-72 hours.
probably only 100 feet. Both sites will wo
the water tank is the most desirable location. Ms.
Public Works Director is not in favor of the 3rd
Street water tank being used as an antenna site.
the T-Mobile tower and if T-Mobile owns the tower
or does the Town own it and lease it to T-
Vice Mayor Hare commented
leasing the land.
about the 3rd Street tank, they would be willing to
site. Mr. Hiner commented there is a concern with
interference with the Town’s radio system and
Public Works has a SCADA antenna at the
Virginia Avenue site as well.
generate 50 watts and everything is adjustable on
agreement on the Virginia Avenue site, they will
license it for 250 watts ERP. If
interference, he can
10-20 watts. If there is still interference, they will
have to add language in the lease that will allow it
to be terminated and they will turn it off.
The Mayor commented that what needed
determined tonight is if there is enough interest to
set the Public Hearing for January 17th.
6
be set without an exact site and let them work
those details out betw
Town Attorney responded that the notice
all of the potential locations that
considered.
of the tank. Mr. Hiner responded
the water tank.
have liability insurance and would name the Town
as an additional insured.
it as well, so that brings up security issues when
maintenance would be required on the antenna
him and have someone present when he does the
construction. Typica
no problem with the antenna system.
Vice Mayor Hare made a motion
the motion was seconded by
Scheid
members voting: Vote 5-0; Yeas (5) – Liles,
McCarty, Scheid, Hare, Grose; Nays (0) – None.
Approved advertising the matter for a
Public Hearing on January 17, 2017
The next item on agenda was to consider
in the amount of $20,000.00, for a total amount of
Redevelopment Project. Mr. Hiner commented
that during the review process for this project, the
Roanoke County Fire Marshal
another fire hydrant would be required for the site
Street side near the alley. By his measurements,
t
not close enough to the building. The Town did
not have a water line on th
project would require
the hydrant. This cost would typically be borne by
the developers.
The
waterline improvement project calls for an eight
The Town saw this as an opportunity to share the
7
needed for their hydrant and the Town getting the
line needed to connect to Clevelan
the looping in that area.
for bid and the low bid was $40,000 through S. C.
Rossi & Company. The Town and the developers
agreed that each would pay one-half of this cost.
There is $20,000 in the Wastewater CIP that
low-priority item and we are requesting that those
Also, the $20,000 from the developer needs to be
pay the contractor.
Council Member Scheid commented that the
supports it. Council Member McCarty commented
as well.
Council Member Liles made a motion to adopt the
Resolution as presented
seconded by Council Member McCarty and
carried by the following roll call
members voting: Vote 5-0; Yeas (5) – Liles,
McCarty, Scheid, Hare, Grose; Nays (0) – None.
Adopted Resolution No. 2181
hydrant as required by the Roland E.
Cook Redevelopment Project
The next item on the agenda was to consider
adoption of a Resolution
Department. Chief Foster first
automobiles to save the Town money and still meet
the needs of the Department.
Currently, there are two Dodge Chargers
police packaged and assigned to the Investigations
Division. We want to
to Patrol and use $15,200 to install two In-Car
Camera Systems, two MDT mounts, and two
prisoner partitions with shotgun/rifle
installation.
Cherokee Latitudes from Enterprise Rental Car
They are 2015 models with around the 30,000 mile
range and the reminder of a five-year, 100,000 mile
8
will get better fuel economy and provide them room
to carry their crime scene equipment and the ability
to get out during inclement weather. In comparison,
a Ford Pursuit utility like the one recently purchased
approaches $40,000. Going this route, they will be
able to purchase
and use the additional funds to equip them
used as police vehicles.
and make one of the existing Crown Vic’s as a
spare for use when a vehicle is in for service. Also,
the two Ford Explorers that they
their serviceable life and they will be looking to
surplus those vehicles in the coming year.
Vice
that will be taken out of service is a 2008
Department still has a 2006 Chevy Impala and a
2002 F-
with his own solution by using
should be commended.
that it was a team effort in his department.
Council Member McCarty made a motion to adopt
the Resolution as presented; the
seconded by Council Member Scheid 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.
Adopted Resolution No. 2182
equipment for two
and the purchase of two replacement
vehicles in the Police Department
The next item on the agenda was the
Report for November 2016. Vice Mayor Hare
commented that the Finance Committee met on
December 13th. For a clarification on the November
summary, he
of the month, so it makes th
for this month. It shows that we are off of our
expenditures by 78%. The grants were the
$526,000 for the Glade Creek Greenway and the
$129,000 for the DUI Task Force grant. If we were
t
be over our budget target for revenues at about
105%.
9
CDBG Grant timing of about $125,000 as well as
some savings from staff, particularly th
Department that is $85,000 favorable year-to-date
reimbursements. Overall, expenditures would be
at about 82%.
The business licenses are up 27%, meals tax year-
to-date is
which is about a 17% increase in our budget and up
4% year-over-
year-over-year. Sales tax is up $44,000,
about 10% and year-over-year it is up about 4%.
the budget and $18,000 over last year at the same
time. Cash is down about $100,000 year over year
which is due to the grant timing and the way money
flows in and out.
showing at 87%.
sent to Council.
Vice Mayor Hare made a motion to a
November 2016 Financial Report; the motion was
seconded by Council Member Scheid
Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare,
Grose; Nays (0) – None.
November 2016
The Mayor expressed his thanks to everyone
on sta
looking forward to all that is going to happen in
2017.
Under comments by Council, Vice Mayor Hare
asked about service coverage while the two First
Aid Crew vehicles are
brought in from another department
one was supposed to be back this afternoon.
of
Finance Committee. T
commented that he was scheduling
Safety meeting and it would be on that agenda as
well.
10
Council Member Scheid asked for an update on
the discussion in November with
that he and the Mayor had
recently
another meeting. Ms.
that she unders
res
consideration.
the Right-of-
by the Finance Committee and the questio
Town Manager responded that he would follow up
on the Policy.
Council Member Scheid requested that the Valley
Management Report
with them. She also commented that she thought
keep in contact with Sherman
doing a ridership count in January for us.
Ms. Scheid next commented
lights on one of those trees.
Council Member McCarty asked for an up
Macado’s. Pete Peters responded that our Public
Works staff have been working with the engineers
working on the site plan and all the logistics of the
pe
perhaps
perhaps to come up
Realistically, he thinks it will be under construction
late winter or early spring.
received service awards.
11
asked when Roanoke Gas was going to come
back and make the repairs on Virginia Avenue
where they installed the gas line. Mr. Hiner
He would call and remind them.
The Mayor asked wh
Glade Creek Greenway would be completed.
asphalt caused by the contractor doing the bridge
work for the City. The repairs will be completed
stormwater run-off from the bridge that will be
corrected.
Under appointments to Boards/Commissions/
Committees, Council Member Scheid
motion to re-
Hi
December 31, 2019; the motion was seconded by
Council Member Liles and carried by the following
roll call vote, with all members voting: Vote 5-0;
Yeas (5) –
Nays (0) – None.
the Highway Safety Commission
The next item on the agenda was a request to
convene in Closed Meeting, pursuant to §2.2-
to
subsection 1.
Council Member Scheid
convene in Closed Session;
seconded by Council Member Liles
the following vote, with all members voting: Vote 5-
0; Yeas (5) –
Nays (0) – None.
Session at 8:38 p.m.
At 9:50 p.m., the regular meeting reconvened and
the Certification that the Closed Meeting was held
seconded by Council Member Liles and carried by
the following roll call vote,
voting: Vote 5-0; Yeas (5) – Liles
Scheid, Hare, Grose; Nays (0) – None.
Certification of Closed Meeting
Vice Mayor Hare made a motion to appoint
Robert W. Benninger to the Planning Commission
12
and ending January 2, 2021; the motion was
seconded by Vice Mayor Hare and carried by the
following vote, with all members voting: Vote 5-0;
Yeas (5) – Liles, Mc
Nays (0) – None.
The Mayor commented that with regard to the
offer by Mr. and Mrs. Brabham to gift to the Town
a private road and stormwater pond
tabled at a prior meeting
Brabham before the
stormwater issues in general.
Appointed Robert W. Benninger to the
Planning Commission
Vice Mayor Hare made a motion to adjourn the
meeting; the motion was seconded by Council
Member Scheid and carried by the following vote,
with all members voting: Vote 5-0; Yeas (5) –
Liles, McCarty, Scheid, Hare, Grose; Nays (0) –
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
__________________________
Susan N. Johnson, Town Clerk
Meeting Date
January 17, 2017
Department
Administration
Issue
Recognition of Lydia Verdillo, Employee of the Year
Summary
In November of 2016, the Town established an Employee of the Year Program. The purpose of
the Program is to recognize employees who have served the Town of Vinton in an exceptional
manner, by exemplifying outstanding service through his or her work and have exhibited a
positive and supportive attitude.
Lydia Verdillo, employee with the Finance Department, was chosen at the first Employee of the
Year and was recognized at the Employee Holiday Luncheon in December.
Ms. Verdillo will be present at the meeting for Council to recognize and present her with a
plague that will be placed in our display cabinet in the lobby.
Attachments
None
Recommendations
Recognize Lydia Verdillo and present the plaque
Town Council
Agenda Summary
Meeting Date
January 17, 2017
Department
Vinton Volunteer First Aid Crew
Issue
Report on the Vinton Volunteer First Aid Crew for November and December 2016 and a recap
of 2016
Summary
Chief Wayne Guffey will be present to give this report to Council.
Attachments
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
November 2016 Report
Volunteer Truck hours was 486 of 456 possible hours for 106 %
We had a unit in service 100% of the volunteer time
Medic truck marked up 82% and a BLS Unit 18%
Responded to 91 out of 107 calls doing volunteer hours 85%
Handled 85 out of 107 calls doing volunteer hours 79%
o Out of the 22 calls career handled 9 were 2nd emergency calls
Fractile Response time was 8.49
1915 man hours for the month of November
December 2016 Report
Volunteer Truck hours was 759 of 480 possible hours for 158 %
We had a unit in service 102% of the volunteer time( Holiday Shifts)
Medic truck marked up 93% and a BLS Unit 7%
Responded to 98 out of 115 calls doing volunteer hours 85%
Handled 90 out of 115 calls doing volunteer hours 85%
o Out of the 25 calls career handled 13 were 2nd emergency calls
Fractile Response time was 8.55
2038 man hours for the month of November
Wayne Guffey
Chief
Vinton First Aid Crew
Volunteer
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL
2016 1765 1447 1536 1813 1745 1486 1654 1519 1600 1767 1915 2038 20285
2015 2157 1629 1892 1636 1721 1415 1481 1715 1596 1695 1660 1445 20042
2014 1571 1585 2209 1721 1638 1675 1727 1619 1574 1946 1731 1876 20872
2013 1651 1451 1523 1943 1436 1672 1824 1501 1571 1697 1892 1623 19784
2012 1891 1999 1947 2244 1805 1824 2104 1971 1528 1526 1480 1516 21835
102818
Average 1807 1622.2 1821.4 1871.4 1669 1614.4 1758 1665 1573.8 1726.2 1735.6 1699.6 20563.6
Volunteer
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL Possible Pct
2016 567 434 517 586 536 459 517 533 482 536 486 759 6437 5688 113.17%
2015 453 397 462 479 514 434 454 482 443.5 458 426 472 5474.5 5630 97.24%
2014 437 409.5 490.5 468 491 438 463 476 438 491 477 428 5507 5646 97.54%
2013 405 375 449 485 419 441 531 458 442 460 409 472 5346 5642 94.75%
2012 412 441 418 480 449 515 576 495 410 438 423 504 5561 5630 98.77%
28325.5 28236 100.32%
0
100
200
300
400
500
600
700
800
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC
Chart Title
2016 2015 2014 2013 2012
Volunteer
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL
2016 137 108 126 134 141 120 119 109 126 113 107 115 1455
2015 114 107 101 114 156 130 109 118 132 113 118 126 1438
2014 106 109 113 110 130 129 131 112 163 114 98 138 1453
2013 125 97 144 126 121 125 120 125 105 122 114 109 1433
2012 101 84 92 134 125 143 137 116 140 126 99 134 1431
13
7
10
8
12
6
13
4
14
1
12
0
11
9
10
9
12
6
11
3
10
7
11
5
11
4
10
7
10
1
11
4
15
6
13
0
10
9
11
8
13
2
11
3
11
8
12
6
10
6
10
9
11
3
11
0
13
0
12
9 13
1
11
2
16
3
11
4
98
13
8
12
5
97
14
4
12
6
12
1
12
5
12
0
12
5
10
5
12
2
11
4
10
9
10
1
84
92
13
4
12
5
14
3
13
7
11
6
14
0
12
6
99
13
4
0
20
40
60
80
100
120
140
160
180
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC
2016
2015
2014
2013
2012
Vinton First Aid Crew Inc.
P.O. Box 314
Vinton VA 24179
Office of the Chief
WGuffey@vintonems.com
2016 Report
Volunteer Truck hours was 6437 of 5688 possible ho urs for 113 %
We had a unit in service 99.68% of the volunteer time
Medic truck marked up 85% and a BLS Unit 15%
Responded to 1139 out of 1455 calls doing volunteer hours 78 %
Handled 1074 out of 1455 calls doing volunteer hours 73%
o Out of the 381 calls career handled 226 were 2nd emergency calls
Fractile Response time was 8.87
20285 man hours for 2016
Mileage to Ambulances
o 21-11318
o 22-12164
o 20-2363 Explorer
o 25-5157 Crown Vic
Top 5 call runners
o Wayne Guffey-529
o Chris Sayre-319
o Jordan Fifer- 179
o Sandy Guffey-169
o Josh Parker-139
Total Hours top 5
o Wayne Guffey-2,514
o Chris Sayre-1,659
o Sandy Guffey-1,117
o Tom Philpott-909
o Josh Parker -834
43 Members
o 10 in application process
Wayne Guffey
Chief
Vinton First Aid Crew
JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
ALS 82 84 90 84 85 79 72 86 87 88 82 93
BLS 18 16 10 16 15 21 28 14 13 12 18 7
90
84 85
79
72
86 87 88
82
93
10
16 15
21
28
14 13 12
18
7
0
10
20
30
40
50
60
70
80
90
100
MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
ALS
BLS
ALS/BLS percentage of truck mark up-
ALS is perfereed
JAN FEB MAR APR MAY JUNE JULY AUG Sep Oct Nov Dec
Calls Dispatched 137 108 126 134 141 120 119 109 126 113 107 115
Calls Handled 98 89 95 93 97 90 87 84 89 80 85 90
108
126
134
141
120 119
109
126
113
107
115
89
95
93
97
90 87
84
89
80 85
90
0
50
100
150
200
250
FEB MAR APR MAY JUNE JULY AUG Sep Oct Nov Dec
Calls Handled
Calls Dispatched
Calls that were disptached that
the volunteer crew handled
JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Calls Dispatched 137 108 126 134 141 120 119 109 126 113 107 115
Calls Responded 104 90 100 100 101 95 95 90 93 82 91 98
APR MAY JUNE JULY AUG SEP Oct Nov Dec
Calls Responded 100 101 95 95 90 93 82 91 98
Calls Dispatched 134 141 120 119 109 126 113 107 115
134 141
120 119
109
126
113 107 115
100 101
95 95
90
93
82 91
98
0
50
100
150
200
250
300
Ax
i
s
T
i
t
l
e
Calls Dispatched that the crew responded too
JAN FEB MAR APR MAY JUN JULY AUG SEP Oct Nov Dec
Fractile Response 9.59 9.27 9.83 9.78 7.98 9.24 9.22 10.17 10.1 7.33 8.49 8.55
9.27
9.83 9.78
7.98
9.24 9.22
10.17 10.06
7.33
8.49 8.55
0
2
4
6
8
10
12
FEB MAR APR MAY JUN JULY AUG SEP Oct Nov Dec
Fractile Response
Goal is under 12
minutes
JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Man Hours 1765 1447 1536 1813 1745 1486 1654 1519 1600 1767 1915 2038
1765
1447
1536
1813
1745
1486
1654
1519
1600
1767
1915
2038
0
500
1000
1500
2000
2500
JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Man Hours
Man Hours
JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Hours Up 567 434 517 586 536 459 517 533 482 536 486 759
Hours Possible 492 444 468 468 480 456 516 468 456 492 456 480
Percentage 115 97 110 125 111 100 100 114 105 109 107 158
43
4
51
7
58
6
53
6
45
9
51
7
53
3
48
2
53
6
48
6
75
9
44
4
46
8
46
8 48
0
45
6
51
6
46
8
45
6
49
2
45
6
48
0
97
11
0
12
5
11
1
10
0
10
0
11
4
10
5
10
9
10
7
15
8
0
100
200
300
400
500
600
700
800
FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Hours Up
Hours Possible
Percentage
JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Volunteer unit in service 99 100 100 97 98 100 100 100 100 100 100 102
FEB MAR APR MAY JUNE JULY AUG SEP Oct Nov Dec
Volunteer unit in service 100 100 97 98 100 100 100 100 100 100 102
100 100
97
98
100 100 100 100 100 100
102
94
95
96
97
98
99
100
101
102
103
Ax
i
s
T
i
t
l
e
Percentage of Unit in Service
Meeting Date
January 17, 2017
Department
Administration
Issue
Consideration of public comments regarding the proposed granting of a Lease Agreement to WVJT, LLC,
a West Virginia limited liability company, for the purpose of locating radio communications equipment,
antennas, and related equipment to be used in connection with its business of operating a radio station on
a water tank located at 945 3rd Street, Tax Map No. 070.08-01-01.10-0000, in the Town of Vinton,
Virginia, said Lease Agreement to be for a one-year period with no more than four additional one-year
renewal terms.
a. Open Public Hearing
• Report from Staff – Barry Thompson
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Council to consider adoption of a Resolution
Summary
WVJT, LLC has requested to lease space on the water tank located at the 945 3rd Street for the purpose of
placing and operating radio equipment within the Town of Vinton and surrounding communities. A
Public Hearing was advertised in the Vinton Messenger on Thursday, January 12, 2017 pursuant to
Sections 15.2-1800, et seq., of the 1950 Code of Virginia, as amended, to allow Council to receive all
public comments.
Town Staff, representatives of WVJT, LLC and the Town Attorney have been working on a proposed
Tank Space Lease Agreement and recommends the said Tank Space Lease Agreement between the Town
of Vinton and WVJT, LLC be approved in form substantially similar to the one presented to Council and
approved by the Town Attorney and authorize the Town Manager to execute and then to deliver the
agreement.
Attachments
Proposed Tank Space Lease Agreement
Resolution
Recommendations
Conduct Public Hearing; motion to adopt Resolution
Town Council
Agenda Summary
TANK SPACE LEASE AGREEMENT
THIS TANK SPACE LEASE AGREEMENT (“Lease”) is dated this ______ day of
January, 2017, by and between the TOWN OF VINTON, VIRGINIA (“LESSOR”) and WVJT,
LLC (“LESSEE”).
WHEREAS, LESSOR is the owner of certain real property and water tank located at 945
3rd Street, Tax Map No. 070.08-01-01.10-0000, in the Town of Vinton, Virginia, (the “Property);
and
WHEREAS, LESSEE desires to lease from LESSOR certain space located on the
Property as further described/depicted in the Site Plan attached hereto (the “Premises”) for the
purpose of placing and operating LESSEE’s radio equipment within the Town of Vinton and
surrounding communities;
NOW THEREFORE, for valuable consideration, the receipt, adequacy, and sufficiency
of which are hereby acknowledged, the parties hereto covenant and agree as follows:
1. LEASED PREMISES.
(a) LESSOR hereby leases to LESSEE the Premises for the purpose of constructing,
installing, maintaining, and operating LESSEE’S radio transmission facilities including, antennas,
required ground facilities, and cables (collectively, “LESSEE’s Facilities”). LESSEE’s Facilities
are shown in more detail in the Site Plan attached hereto and incorporated herein by reference.
(b) All improvements constructed on the Premises shall be at LESSEE’s sole cost and
expense. LESSEE’s installation, operation, maintenance, and repair of its facilities shall comply
with all applicable laws and ordinances and LESSOR’s policies, if any, pertaining to the use of its
Property.
(c) No construction or modification of LESSEE’s Facilities shall proceed until
LESSEE has submitted detailed plans to LESSOR and LESSOR has approved such plans and
LESSEE has obtained all required permits, if any.
(d) LESSEE shall have the non-exclusive right to construct, maintain, and operate its
facilities to provide radio transmission services.
(e) LESSEE’s ability to use the Premises is contingent upon LESSEE, at its sole cost
and expense, obtaining and maintaining all certificates, permits, licenses, and other approvals
required by any federal, state or local authority for construction and use of the Facilities
(“Approvals”). LESSOR agrees to cooperate with LESSEE in obtaining, at LESSEE’s expense,
all licenses and permits required for LESSEE’s use of the Premises.
(f) LESSEE shall immediately notify LESSOR in the event that (i) any application for
an Approval is rejected; (ii) an Approval is canceled, expires, lapses, or is otherwise terminated
for any reason; or (iii) any radio frequency propagation tests are found to be unsatisfactory so that
LESSEE will be unable to use the Premises for its intended purposes. In such event, this Lease
shall terminate with no further obligation on either party except for LESSEE’s indemnity
obligations and LESSEE’s obligation to remove its Facilities from the Premises.
(g) The parties agree that the Premises are demised in “AS IS” condition, without any
warranty or representation by LESSOR as to their condition or suitability for a particular use. It is
LESSEE’s responsibility to investigate the site conditions at the Premises and make an informed
decision as to the Premises’ suitability for LESSEE’s intended use.
2. TERM. The term of this Lease shall be for a period of one (1) year commencing
immediately upon the date this document is fully executed by the parties (the “Commencement
Date”) and continuing for twelve (12) months thereafter (“Initial Term”). Thereafter, this Lease
shall automatically renew for four additional terms of one (1) year each (“Renewal Terms”),
unless one party provides the other with written notice of its intention not to renew this Lease at
least one hundred eighty (180) days prior to expiration of the Lease.
3. RENT.
(a) The amount of rent due for the Initial Year of this Lease shall be an annual amount
of FOUR THOUSAND EIGHT HUNDRED AND NO DOLLARS ($4,800.00). Payment of Rent
shall be made within ten (10) days of the Commencement Date, and on the anniversary of the
Commencement Date each year thereafter. If this Lease is terminated at a time other than on the
last day prior to the anniversary of the Commencement Date, Rent shall be prorated as of the date
of termination and, in the event of termination for any reason other than nonpayment of Rent, all
prepaid Rent shall be refunded to LESSEE.
(b) Rent for each subsequent year of the Lease shall be a sum equal to the previous
year’s rent plus a three percent (3%) increase.
(c) If any Rent payment is not received by LESSOR within ten (10) days of its due
date, and LESSEE shall not have paid such Rent in full within five (5) business days of LESSEE’s
receipt of written notice from LESSOR of such delinquency, LESSEE shall owe LESSOR, in
addition to the then current Rent, a late payment fee equal to ten percent (10%) of the current Rent
plus interest on the unpaid amount from the due date at an annual rate of ten percent (10%).
(d) If, LESSEE, with prior written approval of LESSOR, modifies its Facilities by
adding additional equipment to the Premises, LESSOR reserves the right, in its sole discretion, to
increase the Rent for such additional Facilities. Any such increases in the Rent shall also increase
in the manner provided for in this Paragraph 3.
(e) Taxes. Beginning on the Commencement Date of this Lease, LESSEE shall be
responsible for the reporting and payment when due of any property tax directly related to
LESSEE’s ownership or operation of the Facilities and such reporting and payments shall be made
directly to the appropriate taxing authorities. If such taxes remain unpaid 60 days after the due
date for payment of same, LESSOR may terminate this Lease and LESSEE shall commence
removal of LESSEE’s Facilities immediately.
4. REMOVAL/RELOCATION OF FACILITIES.
(a) LESSOR reserves the right to require LESSEE to remove or change the location of
LESSEE’s Facilities on the premises if LESSEE’s operations materially affect the operations or
maintenance of LESSOR’s facilities, or to accommodate new or existing communications
equipment of LESSOR which is for the purpose of public welfare, public safety, or providing
public services, but not for commercial purposes or for the leasing of space to other users. In such
case, LESSEE shall relocate or remove its Facilities within thirty (30) days of receipt of written
notice by LESSOR; provided, however, if the relocated space is unacceptable to LESSEE,
LESSEE shall have the right to terminate this Lease immediately upon written notice to LESSOR.
Upon such termination, the parties to this Lease shall be released from all duties, obligations,
liabilities and responsibilities hereunder except for any indemnity obligations, including without
limitation, environmental indemnity, tax obligations, and LESSEE’s obligation to remove its
Facilities from the premises.
(b) In the event that LESSOR may require maintenance or construction to be
performed on LESSOR’s Property, which requires the temporary relocation of LESSEE’s
Facilities, LESSEE hereby agrees to the relocation provided that (i) LESSOR provides LESSEE
with three (3) months prior written notice of the relocation; (ii) LESSEE shall temporarily remove
its Facilities to another location on the Property mutually agreeable to both parties, provided that
LESSOR shall coordinate the relocation so as to minimize any interference with LESSEE’s
operations; and (iii) any lost revenues due to the relocation shall be the sole responsibility of the
LESSEE.
(c) Upon termination of this Lease, LESSEE shall pay all rent owed up to and
including the time it takes for LESSEE to remove LESSEE’s equipment from the Premises.
(d) LESSEE further acknowledges and agrees that this Lease does not provide
LESSEE with a franchise for its radio transmissions in the Town of Vinton.
5. IMPROVEMENTS. LESSEE shall provide an engineer’s report to LESSOR verifying
the structural integrity of LESSEE’s Facilities as installed at the Premises. All installations,
modifications, or relocation of LESSEE’s Facilities shall be subject to LESSOR’s approval. No
construction or installation of equipment and improvements shall commence until LESSEE has
obtained any Approvals required by applicable law. LESSEE shall submit to LESSOR with each
request for such approval, detailed plans and structural analysis, the sufficiency of which shall be
determined on a case by case basis at the sole discretion of the LESSOR, showing any and all
installations, modifications, or relocation of any Facilities. If, in the sole opinion of LESSOR, an
independent review of the engineer’s report provided by LESSEE is required, LESSEE shall
reimburse LESSOR for the cost of such review. Following installation, modification, or
relocation, LESSEE shall provide to LESSOR, at LESSEE’s expense, as built construction
drawings documenting all of LESSEE’s installed Facilities on the Premises.
6. ACCESS AND UTILITIES.
(a) LESSOR hereby grants to LESSEE a license over the Property for the term hereof
for ingress, egress, and access to construct, operate, and maintain, and run utility lines to service
the Facilities located on the Premises as more fully detailed in the Site Plan. Access shall be
allowed twenty-four (24) hours a day, seven (7) days a week. LESSEE shall pay all costs and
charges for such access and for all utilities and services necessary to install, maintain, and operate
the Facilities. LESSOR will cooperate with the LESSEE in LESSEE’s efforts to obtain utility
services to serve LESSEE’s Facilities, including signing easement agreements with utility
companies to provide service to the Facilities, the locations of which must be approved by
LESSOR. LESSEE shall notify LESSOR at least two (2) hours prior to accessing the Premises
during normal work hours, and coordinate with LESSOR during normal work hours, at least 24
hours in advance, for access on weekends, nights, and holidays. In the case of an emergency,
LESSEE shall have immediate access to the Premises and shall notify LESSOR thereafter, as soon
as practicable.
(b) All personnel of LESSEE or LESSEE’s contractors or subcontractors shall carry a
picture identification card while working at the Premises or Property, or shall be accompanied by
authorized personnel of LESSEE with appropriate picture identification.
(c) LESSOR may have access to inspect LESSEE’s equipment during normal business
hours upon no less than twenty-four (24) hours advance notice, and provided that LESSOR is
accompanied by an employee of LESSEE.
(d) Both LESSOR and LESSEE shall provide to each other the names and numbers of
their authorized employees for access and notification as provided for in this paragraph.
7. LESSEE’S COVENANTS. LESSEE covenants during the Initial Term and any Renewal
Terms that the Facilities, and all installation, operation, and maintenance associated therewith,
shall:
(a) In no way damage LESSOR’s Property, or any other structure or accessories
thereto. If LESSOR’s property is damaged or LESSOR’s employee, agent, or officer is injured
because of the acts of omissions of LESSEE, then LESSEE shall be liable for the cost of said
damage or injury and hold LESSOR harmless for same;
(b) Not interfere with the operation of LESSOR’s existing equipment, frequency
spectrum, signal strength, or the equipment of other existing lessees installed on the Property as of
the Commencement Date of this Lease. In addition, LESSEE covenants not to interfere with any
of LESSOR’s equipment installed after the date hereof which is for the purpose of public welfare,
public safety, or public services, but not for commercial purposes or for the leasing of space to
other users. In the event there is interference to operation of LESSOR’s existing or future
equipment caused by LESSEE’s Facilities, LESSEE shall at its sole cost and expense immediately
take all steps necessary to eliminate the interference including, if required, cutting off power to the
objectionable Facilities. If LESSEE cannot eliminate the interference within a reasonable period
of time, LESSEE will remove the objectionable Facilities. In the event LESSOR leases space to
other providers after the Commencement Date (“Subsequent Lessees”), LESSEE shall not modify
its Facilities in such a manner to cause interference with the facilities of such Subsequent Lessees.
LESSOR currently operates several radio communication systems which can possibly be
interfered with by LESSEE’s Facilities and uses some of the same frequencies that LESSEE uses.
LESSOR will provide LESSEE with a list of such communications systems and the frequencies
on which they are operating (“LESSOR’s Existing Systems”) within thirty days of the execution
of this Lease. LESSEE shall design and deploy LESSEE’s Facilities to avoid interference to
LESSOR’s Existing Systems. If interference problems do occur, LESSEE agrees to cooperate
with LESSOR on identification of the problems. Further, LESSEE agrees to give its best efforts in
implementing a solution to the problems at no additional cost to LESSOR.
(c) Not interfere with the maintenance of LESSOR’s existing facilities;
(d) Keep LESSEE’s Facilities in a state of repair reasonably acceptable to LESSOR;
(e) Identify LESSEE’s Facilities at the Premises with tags or other means of
identification fastened securely to the Facilities and to each transmission line;
(f) Comply with all applicable rules and regulations of the Federal Communications
Commission (“FCC”) and all federal, state and local laws governing use of the Premises;
Comply with all applicable laws and ordinances and promptly discharge or bond any lien for labor
or material on its Facilities within forty-five (45) days of filing;
(g) Upon either (1) the completion of the initial installation of the Facilities on the
Premises, or (2) within thirty (30) days of the completion of the relocation of the Facilities or
installation of additional Facilities on the Premises; but in any event no later than December 1
each year throughout the Initial Term or any Renewal Term of this Lease, provide LESSOR with
all applicable information on completed documents required to be filed with federal, state and
local authorities as required by applicable law. Further, within thirty (30) days of LESSEE’s
receipt of a written request from LESSOR, LESSEE will provide LESSOR with any other
required documents relating to the Facilities located on the Premises which LESSOR or LESSEE
may be required to file with the FCC, EPA or any other governmental agencies. LESSEE agrees
to indemnify and hold LESSOR harmless from any liabilities resulting from any inaccuracies in
such documentation delivered by LESSEE to LESSOR or LESSEE’s failure to provide LESSOR
with such documentation in accordance with the provisions of this Section;
(h) Within ninety (90) days after termination or expiration of this Lease, LESSEE shall
remove all its Facilities from the Premises and restore the Premises to its condition as of the
Commencement Date of this Lease, reasonable wear and tear excepted. LESSOR agrees and
acknowledges that all of the equipment, fixtures, and personal property of the LESSEE shall remain
the personal property of the LESSEE and the LESSEE shall have the right to remove the same,
whether or not said items are considered fixtures and attachments to real property under applicable
law. In the event LESSEE has not removed the Facilities at the time of expiration or earlier
termination of this Lease, LESSEE shall pay rent on the existing monthly pro-rata basis until such
time as the removal of the Facilities is completed. In the event LESSEE does not remove its
Facilities at the time of expiration or earlier termination of this Lease, LESSOR shall have the
right to remove and store the Facilities at LESSEE’s sole expense, and LESSEE shall reimburse
LESSOR for such expenses upon demand. If LESSOR removes the Facilities, LESSOR shall not
be responsible for any damage to the Facilities during the removal and storage thereof.
(i) Operate no permanent generator equipment on the Property without the approval of
LESSOR. LESSEE may operate a power generator during extended power outages provided
LESSEE notifies LESSOR as soon as practicable.
(j) Upon a minimum of 24 hours advance notice, coordinate the temporary removal of
power to LESSEE’s Facilities if necessary to allow LESSOR access to LESSOR’s Facilities.
(k) Declare and pay all applicable taxes, including any real estate, personal property,
sales, business license, and utility taxes, arising from the ownership and operation of the
Facilities.
8. LESSOR’S COVENANTS. LESSOR covenants that during the Initial Term or any
Renewal Terms of this Lease that it will:
(a) Maintain the Property, including but not limited to, the access road to and from the
Property, in a reasonably safe condition;
(b) Except as otherwise set forth in the Lease, take no action which would adversely
affect the LESSEE’s proposed use of the Premises, except in the case of an emergency;
(c) Upon LESSEE’s payment of Rent and performance of its covenants, ensure
LESSEE’s quiet use and enjoyment of the Premises;
(d) LESSEE acknowledges and agrees that LESSEE’s Facilities will not use any
unlicensed frequencies. LESSEE understands that LESSOR has no authority to license LESSEE’s
use of any Unlicensed Frequencies or prevent third parties from using said Frequencies, except to
the extent that LESSOR will not allow Subsequent Lessees of LESSOR’s Property to cause
interference with LESSEE’s use of any Unlicensed Frequencies with equipment located on
LESSOR’s Property. LESSOR shall include in any subsequent lease agreement with Subsequent
Lessees provisions that prohibit any Subsequent Lessee from interfering with LESSEE’s use of any
Unlicensed Frequencies. In the event such interference or operation exists and is not eliminated
within a reasonable period, the parties acknowledge that continuing interference will cause
irreparable injury to LESSEE and LESSOR shall require the Subsequent Lessee to cease operations
on any Unlicensed Frequencies.
(e) LESSOR shall provide a minimum of one years’ prior written notice of termination
of this Lease to LESSEE in the event LESSOR retires the Tank and removes it from the Property.
Upon receipt of said notice, LESSEE shall comply with the provisions of subparagraph 7(h) above
regarding removal of the Facilities.
9. COMPLIANCE WITH LAWS. LESSEE shall be responsible for constructing and
maintaining its Facilities in compliance with all marking and lighting requirements which may be
required by the Federal Aviation Administration (“FAA”), the FCC and any other governmental
entity, department or agency. LESSOR shall be responsible for constructing and maintaining the
Tank in compliance with all marking and lighting requirements which may be required by the
FAA, the FCC and any other governmental entity, department or agency.
10. ASSIGNMENT OR SUBLETTING: NO LIENS.
(a) LESSEE shall not assign, convey, sublet or transfer its interest in this Lease
without first obtaining LESSOR’s prior written approval, which approval will not be unreasonably
withheld, conditioned, or delayed. Notwithstanding the foregoing, LESSEE shall have the right to
assign this Lease to an Affiliate without LESSOR’s prior approval, and shall notify LESSOR
within thirty (30) days of any such affiliate assignment. Any such assignment shall not release
LESSEE from its obligations hereunder unless otherwise agreed to in writing by LESSOR. For
purposes of this Lease, “Affiliate” means any entity who controls, is controlled by, or is under
common control with LESSEE or any entity resulting from the merger or consolidation of
LESSEE; or any person or entity which acquires substantially all of the stock or assets of
LESSEE, provided such assignee assumes in full all of the obligations under this Lease.
(b) LESSEE shall keep the Property, the Premises, and the Facilities free from any
liens arising from any work performed, materials furnished or obligations incurred by or at the
request of LESSEE. All persons either contracting with LESSEE or furnishing or rendering labor
and materials to LESSEE shall be notified in writing by LESSEE that they must look only to
LESSEE for payment for any labor or materials. If any lien is filed against LESSOR’s property,
the Premises, or the Facilities as a result of any acts or omissions of LESSEE, its employees,
agents or contractors, LESSEE shall discharge it within forty-five (45) days after LESSEE learns
that the lien has been filed. Notwithstanding the foregoing, in the event that LESSEE believes in
good faith that the lien is invalid, LESSEE shall not be required to discharge said lien until its
validity has been confirmed by final judgment of an appropriate court.
11. INSURANCE, RISK OF LOSS.
(a) Insurance. Prior to installation of the Facilities and having access to the Premises
and at all times during the term of this Lease, LESSEE shall provide proof of insurance, as
outlined below, satisfactory to LESSOR, and maintain the coverages specified below during the
term hereof and until all Facilities are removed from the Premises following expiration or earlier
termination of this Lease: Primary Commercial General Liability Insurance in a combined Single
Limit of $2,000,000 each occurrence; Workers’ Compensation coverage in the statutory amount;
Employers’ Liability Occupational Disease and Bodily Injury, $1,000,000 per occurrence;
Automobile Liability for Owned and Non-Owned Autos with a Combined Single Limit of
$1,000,000; All Risk Insurance Without Coinsurance Factor for full Replacement Value of
LESSEE’S Facilities; and personal property located on Premises; and Builder’s Risk during
construction of the Facilities. LESSEE may satisfy these minimum insurance requirements
through any master, umbrella or blanket policy of insurance LESSEE may maintain.
(b) Additional Insured. LESSOR shall be named as additional insured on the
Commercial General Liability policy. Additionally, LESSEE shall obtain a waiver of subrogation
from its insurers on Workers’ Compensation policy. LESSEE shall obtain a waiver of
subrogation from its insurers on the All Risk insurance policy if the waiver of subrogation is
mutual. LESSEE may satisfy this requirement by obtaining appropriate endorsements to any
master or blanket policy of insurance LESSEE may maintain.
(c) Third Parties. LESSEE shall require its contractors and subcontractors to carry
workers’ compensation insurance and adequate liability insurance in conformity with the
minimum requirements listed above.
(d) Risk of Loss; Limitation of Liability. Notwithstanding anything herein to the
contrary, LESSEE shall bear the risk of loss of or damage to its Facilities during construction and
the Term and any renewals of this Lease. Notwithstanding anything herein to the contrary,
LESSOR shall not be liable for any consequential or incidental damages incurred by LESSEE due
to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain,
hail, fire or storm) or any other damage resulting from any reason. In the event the Premises or
other portions of the Property are destroyed or so damaged as to be unusable, either party shall be
entitled to elect, to cancel, and terminate this Lease, or in the alternative, LESSOR may elect to
restore the Premises, in which case the LESSEE shall remain bound hereby but shall be entitled to
an abatement of Rent during the loss of use, if the LESSEE has not elected to cancel this Lease.
In no event shall the leasehold or other interest created hereby be specifically enforceable and in
no event shall LESSOR be responsible to any party for lost profits or market share.
(e) Removal of Facilities. LESSEE’s obligation to provide the insurance coverages set
forth in this section 11 shall survive the expiration or earlier termination of this Lease, but only
until the LESSEE’s Facilities are removed from LESSOR’s Property and the Property is restored
to its original condition, reasonable wear and tear excepted.
(f) Insurance Increases. LESSEE shall pay the cost of any increase to LESSOR’s
liability insurance currently in place as of the Commencement Date of this Lease, provided that
the increase to LESSOR’s policy is a direct result of the installation of the Facilities on the
Property. This amount may be included as part of the rent.
12. INDEMNIFICATION. LESSEE agrees to indemnify and hold harmless LESSOR, and
its officers, agents, and employees, from any and all claims, damages, costs, expenses, liability,
actions at law or suits in equity, of any kind or nature, including court costs, litigation expenses,
and reasonable attorneys’ fees, to the extent caused by any negligence or willful misconduct by
LESSEE, its officers, agents, servants, contractors, employees, or its invitees in connection with
its use, operations on, or maintenance of the Premises or in connection with any of its activities or
conduct, as well as construction work, on or about the Premises and the Property, including any
negligent acts or omissions to act, in whole or in part, by LESSEE, its officers, agents, etc., as
aforesaid, and such indemnification shall include and cover claims, damages, and liability arising
from property damage, personal injury, or death, and shall include and cover claims, fines or
penalties imposed by any federal regulatory agency or the FCC in connection with radio
transmissions or other communications on or from the Premises (wire or wireless), by LESSEE,
or relating to LESSEE’S violation of any FCC licenses. LESSEE shall not be liable for any
claims, damages, or liability to the extent caused by the negligence or misconduct of LESSOR, or
its officers, agents, and employees thereof.
13. DEFAULT. Each of the following shall be considered a default by the LESSEE:
(a) The failure to pay any Rent required hereunder within five (5) days after receipt of
LESSOR’S written notice of such failure;
(b) The failure to cure, within thirty (30) days after receipt of LESSOR’S written
notice of the breach of any term herein, except for promises relating to the payment of Rent and
interference as set forth in Section 7(b);
(c) The failure by LESSEE to comply with promises relating to interference as set
forth in Section 7(b);
(d) Upon default by LESSEE under this Lease of the type described in paragraphs (a)
or (b) above, in addition to all other remedies provided at law or in equity, LESSOR may, at its
option: (i) Elect to remove all of LESSEE’S Facilities, without notice and without being guilty or
liable in any manner for trespass, thereby terminating this Lease, and store the Facilities at
LESSEE’s expense, payable upon demand by LESSOR; or (ii) Elect to treat this Lease in full
force and effect and shall be entitled to collect the Rent provided for hereunder.
(e) Upon default by LESSEE under this Lease of the type described in paragraph (c)
above, if LESSEE does not remedy the interference problem within twenty-four hours of
receiving notice of the problem from LESSOR, LESSEE agrees to power down, except for
intermittent testing until the interference problem is resolved.
14. ENTIRETY. This writing constitutes the entire agreement and understanding between
LESSOR and LESSEE and any modification hereof must, in order to be effective, be in writing,
signed by authorized representatives of each party.
15. WAIVER. Failure or delay on the part of either party to exercise any right, power,
privilege, or remedy hereunder shall not operate as a waiver thereof; not shall any single or partial
exercise of any right under this Lease preclude any other or further exercise thereof or the exercise
of any other right.
16. BINDING EFFECT. This Lease shall inure to the benefit of and bind the parties hereto
and its heirs, personal representatives, successors, permitted assigns, and successors in interest.
17. GOVERNING LAW. This Lease and performance hereunder shall be governed,
interpreted, construed, and regulated by the laws of the Commonwealth of Virginia. A dispute
arising under this Lease which cannot be resolved in a non-judicial proceeding must be resolved
in the General District or Circuit Court for Roanoke County, Virginia, and in no other forum.
18. NOTICE. All notice and payments due hereunder shall be deemed validly given if sent
by certified mail, return receipt requested, or with a nationally recognized courier, which provides
notice of receipt, postage fully prepaid, addressed as follows, or to such other addresses as may be
given from either party in writing to the other:
LESSOR:
Attn: Town Manager
Town Of Vinton
311 S. Pollard Street
Vinton, VA 24179
LESSEE:
Attn: Joyce Tucker
WVJT, LLC
508 West Oak Street
Covington, VA 24426
19. HEADINGS. Section headings in this Lease are included for the convenience of
reference only and shall not constitute a part of this Lease for any other purpose.
20. MEMORANDUM OF LEASE. At the request of LESSEE, LESSOR hereby agrees to
execute a Memorandum of Lease, in a form satisfactory to LESSOR’s attorney, and such
Memorandum of Lease may be filed of record by the LESSEE, at LESSEE’s sole cost, including
taxes or assessments incurred in connection therewith. The parties understand and agree that this
Lease shall not be recorded.
21. COUNTERPARTS. This Lease may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute but one instrument.
22. AUTHORITY. LESSEE hereby represents and warrants to LESSOR that all necessary
corporate authorizations required for execution and performance of this Lease have been given
and that the undersigned officer is duly authorized to execute this Lease and bind LESSEE for this
it signs.
23. SEVERABILITY. If any term, covenant, condition or provision of this Lease or any
application hereof shall, to any extent, be invalid or unenforceable, the remainder of this Lease
shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by
law.
WITNESS the following signatures and seals:
LESSOR: TOWN OF VINTON, VIRGINIA
By: ___________________________________________
Name: Barry W. Thompson
Title: Town Manager
Date: __________________________________________
APPROVED AS TO FORM:
_______________________________
Theresa J. Fontana, Town Attorney
LESSEE: WVJT, LLC
By: ___________________________________________
Name:
Title:
Date: __________________________________________
SITE PLAN EXHIBIT
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
JANUARY 17, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, WVJT, LLC has requested to lease space on certain real property and water tank
from the Town located at 945 3rd Street for the purpose of placing and operating
radio equipment within the Town of Vinton and surrounding communities; and
WHEREAS, during the negotiations and discussions between the Town staff, representatives of
WVJT, LLC and the Town Attorney, a proposal was negotiated to lease said space
for the terms and conditions set forth in a Tank Space Lease Agreement; and
WHEREAS, pursuant to Sections 15.2-1800, et seq., of the 1950 Code of Virginia, as amended,
the public hearing was advertised and all public comments have been considered by
Council; and
WHEREAS, Town staff recommends that said Tank Space Lease Agreement between the Town
and WVJT, LLC be executed to formalize said agreement between the parties.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Tank Space Lease Agreement is hereby approved in a form substantially similar to the
one presented to Council and approved by the Town Attorney; and
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then
to deliver the Tank Space Lease Agreement and any other necessary documents in
furtherance of the same; and
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, Town Clerk
Meeting Date
January 17, 2017
Department
Administration
Issue
Briefing on Undeveloped Right-of-Way Vacation Policy
Summary
After two recent right-of-way vacation requests, Council requested a review of the Town’s
current Right-of-Way Policy and the addition of language that the petitioner would pay the Fair
Market Value of the ROW as determined by a certified real estate appraiser.
The Finance Committee reviewed the policy and made their suggested changes along with
Planning and Zoning staff. The revised draft was then forwarded to the Town Attorney for her
review.
The Town Attorney has revised the Policy as attached. She has recommended that the procedure
not be a part of the Policy, but that it refer to the Virginia State Code.
The Town Attorney will review this draft with Council at the meeting and answer any questions
that they might have.
Attachments
Draft Undeveloped Right-of-Way Vacation Policy
Recommendations
No action required
Town Council
Agenda Summary
UNDEVELOPED RIGHT-OF-WAY VACATION POLICY
The Town of Vinton will accept petitions from citizens to vacate undeveloped Town owned right-
of-ways (ROW) that are not currently being used to serve vehicular traffic. These types of
unopened or unused ROWs are sometimes called "paper alleys" or "paper streets."
ROW vacation requests may be initiated by the Town Manager or a Town resident that resides at or
owns property adjacent to the ROW requested to be vacated. The Town resident must submit the
request in writing to the Town Manager.
The Town of Vinton requires the petitioner to pay the Fair Market Value of the ROW as
determined by a certified real estate appraiser, unless approved otherwise by the Town Council.
Petitioner shall also pay the costs of processing the vacation request (costs may vary from request
to request), which may include, but not be limited to, the cost of the appraisal, the legal advertising
fee for advertising two consecutive weeks within the local newspaper, costs incurred for a survey
plat, staff review of the plat, preparation of the legal description or any other boundary information
necessary to legally identify the ROW boundaries and recording fees.
Upon receipt of the written request, legal documents, surveys, confirmation of legal advertisement,
and payment for advertising and survey costs, the Town Manager or his designee shall begin the
vacation process pursuant to the 1950 Code of Virginia, as amended.
The Town Council will make the final determination as to whether the ROW shall be vacated
following a public hearing. All costs associated with the ROW closure request are non-refundable,
regardless of the decision of the Vinton Town Council.
Meeting Date
January 17, 2017
Department
Planning & Zoning
Issue
Briefing on petition of Rachel Robertson for a Special Use Permit (SUP) for a Home Occupation
for a Personal Service Business to operate a small pilates exercise studio at 1345 Duke Drive, Tax
Map Number 061.18-01-06.00-0000 and 061.18-01-07.00-0000, zoned R-1 Residential District.
Summary
Ms. Robertson inquired about being able to operate small pilates exercise studio from her
residence. A pilates exercise studio is considered to be a personal service business. Per Article
IV, District Regulations, of Appendix B, Zoning, of the Town Code, Division 2. R-1 Residential
District, in order to operate a personal service business in this district, a SUP would have to be
applied for and granted.
Attachments
Staff report and supporting documents
Recommendations
No action required
Town Council
Agenda Summary
STAFF REPORT
PETITIONER: Rachel Robertson PREPARED BY: Julie S. Tucei
CASE NUMBER: 1-02-17 DATE: January 13, 2017
A. NATURE OF REQUEST
Ms. Rachel Robertson requests a Special Use Permit (SUP) in order to operate a small pilates
exercise studio at 1345 Duke Drive, Tax Map Number 061.18-01-06.00-0000 and 061.18-01-
07.00-0000, zoned R-1 Residential District.
B. APPLICABLE REGULATIONS
Article IV, District Regulations, of Appendix B, Zoning, of the Town Code
Division 2, R-1 Residential District
§ 4-6. – Intent of district.
The intent of the R-1 residential district is to provide appropriate areas for moderate density
single-family residential development and promote a suitable residential environment with
necessary community facilities and public services. The district is also intended to preserve the
predominant character of established neighborhoods and protect single-family residential areas
from encroachment by potentially incompatible nonresidential uses and higher density residential
uses.
§ 4-7(b), Special Uses.
(6) Home occupations for personal service businesses.
§ 10-2. - Words and terms defined.
(78) Personal service business. An establishment or place of business providing a
service directly to persons or involving the repair, alteration, maintenance,
cleaning or customizing of personal property worn by or carried on a person, and
including, health spas, fitness centers, shoe repair shops, tailor and dressmaking
shops, travel agencies, clothing rental stores, watch and jewelry repair shops,
photographic studios, studios for music, dance or martial arts instruction, tattoo
parlors, hobby and craft instruction, and similar uses.
C. ANALYSIS OF EXISTING CONDITIONS
Background – Per Ms. Robertson’s application, she would like to be able to operate a small
pilates exercise studio in her home, having a limited number of clients and hours of operation.
Ms. Robertson states that it will be a private studio where the clients book in advance to come
and do pilates exercises. Ms. Robertson also states that the existing family room in the home
will be used for the studio and will house the pilates equipment used for the classes.
Ms. Robertson has voluntarily proffered the following conditions on her application:
1. One (1) to two (2) private clients per hour for private or semi-private classes.
2. Two (2) to three (3) mornings per week between the hours of 9 a.m. and 12 noon
3. Two (2) evenings per week between the hours of 4 p.m. and 7 p.m.
4. A total of no more than 15 hours per week.
Location –1345 Duke Drive.
Topography/Vegetation –The lot is relatively flat and grassy. There is a sidewalk that runs from
Duke Drive to the front door of the home. There is also a new paved driveway on the property
which is accessed off Duke Drive, as stated by Ms. Robertson on her application.
Adjacent Zoning and Land Uses – The properties surrounding the property are zoned R-1
Residential District and R-2 Residential District and are developed with single-family houses.
W. E. Cundiff Elementary School is also located nearby and is zoned RB-Residential Business
District
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - The structure is a 1-story, ranch-style single family house. There is a
a sidewalk leading from Duke Drive to the front of the house. There is also paved driveway.
The Petitioner indicated that clients, 1 or 2 at a time, will park in the driveway next to the studio
door.
Site Access – Duke Drive, a fifty (50) feet wide right-of-way.
Utilities – The existing structure is served by public water and sewer services.
E. COMPREHENSIVE PLAN/FUTURE LAND USE
The 2004–2024 Town Comprehensive Plan designates this property as a low-density residential
use and the surrounding properties as a low-density and medium-density residential uses area.
F. STAFF CONCLUSION
The proposed use as indicated in the special use permit application may be considered consistent
with the general characteristics of the area.
Staff would like to state that, with a special use permit request, the Planning Commission and
Town Council are 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.
F. ACTION NEEDED
The Planning Commission will need to decide whether to recommend approval or denial of the
request to the Vinton Town Council.
Meeting Date
January 17, 2017
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution allowing the Finance Department to reallocate budget to cover
payroll adjustments during the fiscal year.
Summary
Through several restructure changes and personnel turnover during the beginning of the fiscal
year, the budget has not been updated to reflect these changes. The Finance Committee reviewed
the actual costs charged from July 2016 – December 2016, and reviewed the projected costs
through June 2017. At this time, the Finance Department would like to request a transfer based
on the most up to date forecast, which will make the monthly financial statements more
meaningful to users.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, JANUARY 17 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
WHEREAS, the Town of Vinton Finance Committee has met to discuss revisions to the payroll
budget resulting from several changes occurring during the fiscal year; and
WHEREAS, the Town of Vinton Finance Department has completed a review of the payroll
budget to actual halfway through the fiscal year with included projections through
the end of the budget year; and
WHEREAS, the Finance Department recommends a budget adjustment be made for the Fiscal
Year 2017 Budget.
NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Vinton does
hereby approve the following:
FROM:
2
200.4203.203 VRS Insurance $96
200.4203.205 Medical Insurance $12,932
200.7101.102 Overtime $832
200.7101.201 VRS Contribution $62
200.7101.205 Medical Insurance $273
200.7107.103 Part-Time $3,136
200.7107.201 SS & Medicare $236
200.7107.202 VRS Contribution $109
200.7107.205 Medical Insurance $273
200.8150.101 Salaries & Wages $43,603
200.8150.201 SS & Medicare $3,334
200.8150.202 VRS Contribution $4,948
200.8150.203 VRS Insurance $590
200.8150.211 Worker’s Compensation $5,974
Total for General Fund $187,557
300.9400.101 Salaries & Wages $25,766
300.9400.201 SS & Medicare $2,170
300.9400.202 VRS Contribution $3,774
300.9400.203 VRS Insurance $437
300.9400.205 Medical Insurance $3,210
300.9405.211 Worker’s Compensation $1,090
300.9410.101 Salaries & Wages $50,995
300.9410.102 Overtime $699
300.9410.103 Part-Time $10,160
300.9410.201 SS & Medicare $5,105
300.9410.202 VRS Contribution $6,221
300.9410.203 VRS Insurance $724
300.9410.205 Medical Insurance $19,484
300.9410.211 Worker’s Compensation $4,010
300.9500.101 Salaries & Wages $14,014
300.9500.102 Overtime $2,080
300.9500.201 SS & Medicare $978
300.9500.202 VRS Contribution $2,434
300.9500.203 VRS Insurance $275
300.9500.205 Medical Insurance $3,514
Total for Utility Fund $157,140
600.6200.101 Salaries & Wages $7,453
600.6200.201 SS & Medicare $922
600.6200.202 VRS Contribution $1,153
600.6200.203 VRS Insurance $133
600.6200.205 Medical Insurance $1,080
600.6202.204 Nationwide $48
600.6202.205 Medical Insurance $239
600.6202.211 Worker’s Compensation $2,315
600.6205.202 VRS Contribution $25
Total for Stormwater Fund $13,368
3
TO:
4
200.4108.207 VRS Disability Ins. $28
200.4108.211 Worker’s Compensation $57
200.4203.204 Nationwide $113
200.4203.211 Worker’s Compensation $1,565
200.4206.101 Salaries & Wages $10,854
200.4206.102 Overtime $524
200.4206.201 SS & Medicare $837
200.4206.202 VRS Contribution $1,019
200.4206.203 VRS Insurance $125
200.4206.204 Nationwide $113
200.4206.205 Medical Insurance $939
200.4206.211 Worker’s Compensation $834
200.4304.102 Overtime $143
200.4304.202 VRS Contribution $10
200.4304.203 VRS Insurance $15
200.7101.101 Salaries & Wages $145
200.7101.103 Part Time $551
200.7101.202 SS & Medicare $561
200.7101.203 VRS Contribution $76
200.7101.204 VRS Insurance $33
200.7107.101 Salaries & Wages $551
200.7107.204 Nationwide $38
200.7107.211 Worker’s Compensation $18
200.8101.101 Salaries & Wages $15,415
200.8101.201 SS & Medicare $1,031
200.8101.202 VRS Contribution $209
200.8101.203 VRS Insurance $45
200.8101.204 Nationwide $118
200.8101.205 Medical Insurance $493
200.8101.211 Worker’s Compensation $34
200.8150.204 Nationwide $23
Total for General Fund $187,557
300.9400.204 Nationwide $84
300.9400.206 Car Allowance $500
300.9400.207 VRS Disability Ins. $468
300.9400.211 Worker’s Compensation $97
300.9405.101 Salaries & Wages $29,026
300.9405.102 Overtime $15
300.9405.103 Part Time $1,080
300.9405.105 Separation Pay $4,134
300.9405.201 SS & Medicare $2,371
300.9405.202 VRS Contribution $2,534
300.9405.203 VRS Insurance $295
300.9405.204 Nationwide $334
300.9405.205 Medical Insurance $2,282
300.9405.207 VRS Disability Ins. $246
300.9410.204 Nationwide $181
300.9410.207 VRS Disability Ins. $605
300.9500.103 Part Time $1,839
300.9500.105 Separation Pay $3,170
5
300.9500.204 Nationwide $5
300.9500.207 VRS Disability Ins. $10
300.9500.211 Worker’s Compensation $4,044
300.9900.407 Reserve for Contingency $103,820
Total for Utility Fund $157,140
600.6200.102 Overtime $16
600.6200.204 Nationwide $19
600.6200.206 Car Allowance $18
600.6202.101 Salaries & Wages $8,951
600.6202.102 Overtime $48
600.6202.201 SS & Medicare $676
600.6202.202 VRS Contribution $838
600.6202.203 VRS Insurance $101
600.6205.101 Salaries & Wages $1,411
600.6205.102 Overtime $552
600.6205.201 SS & Medicare $121
600.6205.204 Nationwide $22
600.6205.205 Medical Insurance $595
Total for Stormwater Fund $13,368
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, Town Clerk
Meeting Date
January 17, 2017
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to create a
general ledger account to track and restrict the use of Community Development Block Grant
(CDBG) Revolving Loan Program funds.
Summary
During the closeout of the CDBG grant, a program income plan was required for the Town of
Vinton. This plan also requires the finance department to track and report on the revolving loan
program to CDBG for the duration of the program, and to repay any outstanding balance back to
the state should the program dissolve. In order to be in compliance, the funds dedicated from the
CDBG revolving loan program will need to be placed in a restricted general ledger account, and
activity reported to DHCD on an annual basis.
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,
JANUARY 17, 2017 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton has participated with the Community Development Block Grant
(CDBG) Program; and
WHEREAS, the Town of Vinton decided to utilize a portion of the CDBG Grant to develop a
revolving loan program; and
WHEREAS, the payments received from the CDBG Loan program participants will need to be
restricted for continued use of the revolving loan program per the program income
plan created by the Town in accordance with CDBG guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the
Town Treasurer/Finance Director to have a separate general ledger account created to track and
restrict the use of these funds.
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, Town Clerk
Meeting Date
January 17, 2017
Department
Administration
Issue
Consider adoption of a Resolution in support of the Market Place Fairness Act
Summary
Supporting the Market Place Fairness Act is urging the United States Congress to enact
legislation of on-line sales tax fairness. In providing this support for local businesses and
leveling the playing field for our local brick-and mortar businesses it is investing in our local and
regional economy, creating thousands of new jobs, providing for the enhancement of the quality
of life within our communities, and the preservation of limited State and Local revenue sources.
This legislation would not create or increase taxes; it would simply make it easier for State and
Local governments to collect taxes that are already owed by those who purchase items on-line.
Local small businesses confront expanded competition from the explosion of Internet sales by
remote sellers who are unwilling to collect and remit properly assessed sales taxes to State and
Local governments. National studies reveal that State and Local governments lose
approximately $30 Billion each year from uncollected sales taxes from transactions involving
remote Internet retailers. Local businesses in the Roanoke Valley have lost millions of
uncollected sales and use taxes from remote on-line sales.
State and Local associations, including the Government Finance Officers Association, the
National League of Cities, the National Association of Counties, the United States Conference of
Mayors, and the National Governors Association, along with partners in the retail community,
worked together for years to develop a fair and easy system to collect and remit these sales taxes
structured on a system of collection based on the purchaser’s location.
Following the passage of the Marketplace Fairness Act by the United States Senate in 2013, the
United States House of Representatives did not vote on the Marketplace Fairness Act or any
alternative to address this critical economic development issue, and thus the United States Senate
reintroduced the Marketplace Fairness Act in 2015. The continued inability of Congress to reach
Town Council
Agenda Summary
a consensus has resulted in an increase in the Virginia state sales tax from 5.0% to 5.3% and has
placed significant and challenging limitations on localities.
Now in 2017, there is an opportunity for the 115th Congress to break this unwarranted and
unjustified stalemate by moving the Marketplace Fairness Act or other legislation to collect and
remit sales taxes structured on a system of collection based on the purchaser’s location through
the United States Senate and United States House of Representatives in order to protect localities
and level the playing field between local retailers and remote Internet sellers.
Attachments
MFA Information Sheet
Roanoke Times article
Letters dated October 1, 2014 in support
Resolution
Recommendations
Motion to adopt Resolution
Now is the Time to Support our Local Businesses
Imagine federal legislation that would help local small businesses compete with
behemoth online retailers. Imagine if, at the same time, this legislation would help
address our nation’s infrastructure backlog, enhance public education, and support
other critical services by providing more than $30 billion annually to state and local
governments. And, this legislation would not create or increase taxes; it would simply
make it easier for state and local governments to collect taxes that are already owed by
those who purchase items online.
We had this opportunity in 2013 when the Marketplace Fairness Act, or MFA, passed in
the US Senate through a bi-partisan effort (thank you, Senator Mark Warner, for
cosponsoring this legislation). The MFA would level the playing field for brick-and-
mortar retailers that are currently at a five- to ten-percent competitive disadvantage with
online remote sellers that are not required to collect sales taxes. It would also finally
bring federal law into the digital age by enabling state and local governments to receive
sales taxes on online purchases.
To the detriment of our local businesses, the Marketplace Fairness Act has been
delayed for three years in the House Judiciary Committee chaired by Congressman Bob
Goodlatte. In the meantime, the state, local and retail coalition has addressed each of
the Congressman’s concerns — the bill presently before his committee makes collection
and reconciliation of sales taxes quick and easy for retailers by using computer software
already proven ready for the task of basing collection on the purchaser’s location.
Congress’ failure to act makes our local businesses less competitive while large Internet
retailers grab larger shares of retail purchases each year. While this legislation is
stalled, state and local governments across the country have lost billions that could
have been used to repair infrastructure and provide other crucial services. In effect,
Congress’s inaction has taken funds that could be invested in our local communities
and, instead, provided them to increase profits for large, out of state, internet retailers.
Some of our coalition members have given up hope of this common-sense legislation
ever getting out of the House Judiciary Committee because the large Internet retailers
are extremely powerful on Capitol Hill. Moreover, the concept of sales tax fairness is
difficult to explain to the public, who could misinterpret this as a tax increase rather than
what it is -- an improved collection system.
However, we are not ready to give up.
Courageous public officials have stepped up to support local brick-and-mortar
businesses. The Virginia General Assembly, through a bi-partisan effort, included the
new revenue generated from the MFA into funding of its 2013 transportation
infrastructure bill, Smart Scale. Unfortunately, since MFA did not make it out of the
House Judiciary Committee, lawmakers had to increase the statewide sales tax from 5
percent to 5.3 percent, burdening all citizens instead of collecting the Internet sales
taxes that were already owed.
Another hero in this story is Deb Peters, a South Dakota Republican State Senator who
was recently named a Public Official of the Year by Governing magazine. Senator
Peters drafted and shepherded through legislation that allows South Dakota to collect
taxes from online sales. Internet retailers immediately sued the state, and it is possible
the case will be heard by the U.S. Supreme Court next year.
In the Roanoke Valley, local governments have lost millions that could have been
invested in infrastructure like drainage improvements, roads and bridges; increased
funding for our schools; and used to support other services to spur the local economy
and create jobs. The loss in state revenues is even greater, as local governments
receive only a penny of every 5.3 cents collected. Much of the shortfall in the
Commonwealth’s budget is the result of the additional 4.3 cents that is due but not
collected on Internet purchases by residents.
Now is the time to support our local small businesses that contribute so much to our
economy. It is our hope that the new Congress will move this important initiative out of
the House Judiciary Committee and to the House floor for a vote. Breaking the
stalemate on the MFA will be difficult, but we have faith there is enough political
courage in the House to take action. Passing the MFA would enable Roanoke Valley
governments, and state and local governments around the country, to invest billions of
dollars that could help our communities in these challenging times. We ask the US
Congress to invest in our future by supporting the Marketplace Fairness Act today.
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JANUARY 17, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET,
VINTON, VIRGINIA.
A RESOLUTION urging the United States Congress to enact the Marketplace Fairness
Act during its 2017 session to assist State and Local governments in the collection of revenues
due to local government that are essential to the expansion of our local and regional economy,
creation of thousands of new jobs, enhancement of the quality of life within our communities,
and preservation of limited State and Local revenue sources.
WHEREAS, many State and Local governments rely on the collection of sales and use
taxes to support funding to improve needed infrastructure improvements, strengthen local small
businesses, create jobs for their citizens, and fund essential services; and
WHEREAS, local small businesses confront expanded competition from the explosion
of Internet sales by remote sellers who are unwilling to collect and remit properly assessed sales
taxes to State and Local governments; and
WHEREAS, national studies reveal that State and Local governments lose
approximately $30 Billion each year from uncollected sales taxes from transactions involving
remote Internet retailers; and
WHEREAS, local businesses estimate that the Roanoke Valley has lost millions of
uncollected sales and use taxes from remote online sales;
WHEREAS, State and Local associations, including the Government Finance Officers
Association, the National League of Cities, the National Association of Counties, the United
States Conference of Mayors, and the National Governors Association, along with partners in the
retail community, worked together for years to develop a fair and easy system to collect and
remit these sales taxes structured on a system of collection based on the purchaser’s location; and
WHEREAS, through this collaborative effort, an effective and efficient response in
eliminating the competitive disadvantage faced by our local small business retailers appeared in
2013 when the Marketplace Fairness Act passed in the United States Senate through a bi-partisan
effort and would have established a fair system for the collection of existing taxes owed to State
and Local governments; and
WHEREAS, the Marketplace Fairness Act has been stymied through inaction by the
United States House of Representatives and the House Judiciary Committee, chaired by the
Honorable Bob Goodlatte, for more than three years; and
2
WHEREAS, this inaction has caused the increase in the Virginia state sales tax from
5.0% to 5.3% and placed significant and challenging limitations on localities; and
WHEREAS, time has long passed for continued and inexplicable inaction, and 2017 is
now the opportunity for the new Congress to demonstrate real political courage and break the
unwarranted and unjustified stalemate by moving the Marketplace Fairness Act from the House
Judiciary Committee to a vote on the floor of the House of Representatives during its 2017
session.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. Council urges Speaker Paul Ryan, Chairman Bob Goodlatte, and all members of the
House of Representatives to pass the Marketplace Fairness Act out of the House
Judiciary Committee with a recommendation for passage by the House of
Representatives.
2. Council urges the House of Representatives to hold a vote on the floor of the House of
Representatives on the Market Place Fairness Act during its 2017 session and send the
clear and unequivocal message to States and Localities that the United States Congress
supports small business women and men who create jobs, produce revenues to support
essential infrastructure improvements, and create a stronger and more resilient economy
for the benefit of all Americans.
3. Council directs the Town Clerk to provided attested copies of this Resolution to The
Honorable Paul Ryan, Speaker of the House of Representatives, The Honorable Bob
Goodlatte, Chairman of the House Judiciary Committee, The Honorable Mark Warner,
United States Senator and co-sponsor of the Marketplace Fairness Act; and The
Honorable Tim Kaine, United States Senator.
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, Town Clerk
Meeting Date
January 17, 2017
Department
Council
Issue
Appointments to Boards/Commissions/Committees
Summary
Highway Safety Commission
The terms of Carolyn Fidler, Roy G. McCarty, Jr. and Doug Adams will expire on February 4,
2017. They have all been contacted and are willing to serve another three-year term.
Council needs to reappoint Ms. Fidler, Mr. McCarty and Mr. Adams to another three-year term
ending February 4, 2020.
Attachments
None
Recommendations
Motion to appoint
Town Council
Agenda Summary