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Home My WebLink About7/5/2016 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, July 5, 2016 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. INVESTITURE SERVICE 1. Town Clerk administers Oath of Office to: a. Newly-elected Council Member – Keith N. Liles b. Newly-elected Council Member – Janet Scheid c. Re-elected Mayor – Bradley E. Grose 2. Mayor calls for nominations for Vice Mayor a. Town Clerk administers Oath of Office to Vice Mayor E. APPOINTMENTS: 1. Council-appointed Officers a. Barry W. Thompson, Town Manager/Treasurer b. Susan N. Johnson, Town Clerk c. Thomas L. Foster, Chief of Police d. Theresa Fontana, Town Attorney 2. Council-appointed Committees a. Economic Development Committee b. Finance Committee c. Public Safety Committee d. Public Works Committee 3. VML Policy Committee – Community and Economic Development 4. Boards/Commissions/Committees 2 F. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS G. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS H. CONSENT AGENDA 1. Consider approval of minutes for the regular Council meeting of June 7, 2016. I. PROCLAMATIONS, AWARDS, RECOGNITIONS, PRESENTATIONS 1. Proclamation – National Disability Voter Registration Week 2. United Way Most Innovative Campaign Award for the Town Employees’ 2015 Campaign J. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. K. TOWN ATTORNEY L. BRIEFINGS 1. Briefing on the proposed Performance Agreement with Richard Macher and the Roanoke County Economic Development Authority (EDA) to encourage the redevelopment of the former Vinton Branch Library to a full-service Macado’s restaurant – Pete Peters M. ITEMS REQUIRING ACTION 1. Consider adoption of an Ordinance amending Section 86-287, Itinerant Vendors Generally; Tax Rate of Article VIII, License, Chapter 86, Taxation of the Vinton Town Code – Town Manager 2. Consider adoption of a Resolution appropriating $6,331.00 received from the Department of Criminal Justice Services and the Town’s required $703.00 match for the purchase of 28 hard drives and 23 vest carriers – Chief Tom Foster N. TOWN MANAGER O. MAYOR P. COUNCIL Q. ADJOURNMENT NEXT TOWN COUNCIL MEETINGS AND COMMITTEE MEETINGS: NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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. 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS: July 11, 2016 – 3:00 p.m. – Finance Committee meeting – Finance Conference Room July 19, 2016 – 6:00 p.m. – Work Session followed by regular meeting at 7:00 p.m. – Council Chambers August 2, 2016 – No regular meeting – Council will participate in National Night Out – Senior Center Meeting Date July 5, 2016 Department Town Clerk Issue 1. Town Clerk administers Oath of Office to: a. Newly-elected Council Member – Keith N. Liles b. Newly-elected Council Member – Janet Scheid c. Re-elected Mayor – Bradley E. Grose 2. Mayor calls for nominations for Vice Mayor a. Town Clerk administers Oath of Office to Vice Mayor Summary None Attachments None Recommendations Town Clerk conducts Investiture Service Nominations and motion to elect Vice Mayor and Town Clerk administers Oath Town Council Agenda Summary Meeting Date July 5, 2016 Department Council Issue Appointments of Council-appointed Officers a. Barry W. Thompson, Town Manager/Treasurer b. Susan N. Johnson, Town Clerk c. Thomas L. Foster, Chief of Police d. Theresa Fontana, Town Attorney Summary None Attachments None Recommendations Motion to appoint Council-appointed Officers Town Council Agenda Summary Meeting Date July 5, 2016 Department Council Issue Appointments to Council-appointed Committees a. Economic Development Committee b. Finance Committee c. Public Safety Committee d. Public Works Committee Summary None Attachments Boards and Commissions Booklet Summary Page – Council Committees Recommendations Nominations and motion to approve appointments to Council-appointed Committees Town Council Agenda Summary 2 ECONOMIC DEVELOPMENT COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION FINANCE COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION PUBLIC SAFETY COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION PUBLIC WORKS COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION Meeting Date July 5, 2016 Department Town Clerk Issue Appointment to VML Policy Committee-Community and Economic Development Summary Council Member Adams was appointed to serve on the 2016 VML Policy Committee for Community and Economic Development. Council needs to nominate and appointment a replacement on said Committee for Mr. Adams Attachments 2016 VML Policy Committee List Recommendations Motion to nominate and appoint to Committee Town Council Agenda Summary VML 2016 Policy Committee Nominations Please return this form by April 15 to Joni Terry at VML, P.O. Box 12164, Richmond, VA 23241; Fax 804/343-3758; email: jterry@vml.org Community & Economic Development Name & Title: I. Douglas Adams, Council Member Name & Title: Richard W. Peters, Assistant Town Manager/Director of Economic Development Environmental Quality Name & Title: Janet Scheid, Council Member Name & Title: Anita McMillan, Planning & Zoning Director Finance Name & Title: Matthew S. Hare, Vice Mayor Name & Title: Barry W. Thompson, Interim Town Manager, Finance Director/Treasurer General Laws Name & Title: Thomas L. Foster, Police Chief Name & Title: Barry W. Thompson, Interim Town Manager, Finance Director/Treasurer Human Development & Education Name & Title: Bradley E. Grose, Mayor Name & Title: Donna Collins, Human Resources Director Transportation Name & Title: Sabrina McCarty, Council Member Name & Title: Joey Hiner, Acting Public Works Director Signed: _______________________________________Locality: Town of Vinton (Mayor/Chair, or Manager/Administrator) Meeting Date July 5, 2016 Department Council Issue Appointments to Boards and Commissions Summary Highway Safety Commission Council Member Adams serves on this Commission. There are currently one eight regular members, but the by-laws allow for nine regular members. Mr. Adams can continue to serve if he so desires. Council would need to appoint a Council Member to fill the ninth slot. Comprehensive Economic Development Strategy (CEDS) Council Member Adams serves on this Committee. Council needs to appoint a Council Member to replace Mr. Adams. Roanoke Valley Transportation Planning Organization (TPO) Council Member Adams serves on this Committee. Council needs to appoint a Council Member to replace Mr. Adams. Roanoke Valley Regional Cable TV Committee Council Member Adams serves on this Committee. Council needs to appoint a Council Member to replace Mr. Adams. Attachments Boards and Commissions Booklet Summary Pages Recommendations Nominate and motion to appoint individuals Town Council Agenda Summary 1 BOARD OF ZONING APPEALS NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION HIGHWAY SAFETY COMMISSION NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION PLANNING COMMISSION NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION 3 STORMWATER CITIZENS ADVISORY COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION CLEAN VALLEY COUNCIL NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION GREATER ROANOKE TRANSIT COMPANY NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION ROANOKE REGIONAL PARTNERSHIP NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION 4 ROANOKE VALLEY – ALLEGHANY REGIONAL COMMISSION EXECUTIVE COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION ROANOKE VALLEY GREENWAY COMMISSION NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION ROANOKE VALLEY RESOURCE AUTHORITY NAME ADDRESS INITIAL APPOINTMENT EXPIRES ACTION Meeting Date July 5, 2016 Department Town Clerk Issue Consider approval of minutes for the regular Council meeting of June 7, 2016 Summary None Attachments June 7, 2016 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, JUNE 7, 2016, 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 I. Douglas Adams, Jr. Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Interim Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Susan Waddell, Town Attorney Richard W. Peters, Assistant Town Manager/Director of Economic Development Anita McMillan, Planning & Zoning Director Anne Cantrell, Accounting Manager Joey Hiner, Acting Public Works Director Donna Collins, Human Resources Director Tom Foster, Police Chief Christopher Linkous, Deputy Chief The Mayor called the regular meeting to order at 7:00 p.m. The Council Member Adams, Council Member McCarty, Council Member Scheid, Vice Mayor Hare and Mayor Grose present. After a Moment of Silence, Council Member McCarty l Allegiance to the U.S. Flag. Roll call Under upcoming community events, Council Member McCarty announced Market on June 11th at the War Memorial. Council Member Scheid made a motion that the Consent Agenda be approved as presented; the motion was seconded by Council Member Adams voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. Approved minutes of the regular meeting of May 17, 2016 Chief Foster introduced Andrew DiCarlo, a new Police Officer with his Department. The next item on the agenda was a presentation of Department. 2 Thompson, Interim Town Manager/Finance Director/Treasurer. Mr. Thompson expressed appreciation to his entire department and recognized Anne Cantrell, Lydia Verdillo and GinaMarie Overstreet who were present at the meeting. Under citizens’ comments and petitions, Roy McCarty of 450 Jackson Avenue regarding the deer and groundhog population in the and requested Council to provide for a full-time issues. officers in the Police Department, the full-time Animal Control Officer was re- Control/Community Services full- with other localities regarding the deer population. ago, a decision was made by Council to discontinue wildlife management and for budget reasons. Mayor asked staff to further review The next item on the agenda was to consider adoption of an Ordinance Vinton, July 1, 2016 and ending June 30, 2017. Anne proposed budget in the General Fund from that was in the Virginia 599 fund. The Utility and Stormwater $18,320 from the prior year adopted budget. The main changes in the b the contingency to allow for th 3 priorities were next restated. budget includes a 2% increase for full-time and part- some positions based on the compensation study. The only revenue item with change is an increase in opportunities. Ms. Can are $85,000 in the G which does include the savings from the refunding of the two bonds. for the year will be $ contingency added is $29,835. capital improvement budget for the fiscal year. The t Community Developm After Ms. Cantrell commented briefly on each major Town Council. showed a graph and co expenditures. track stormwater expenses After meeting with staff, funds were transferred from 4 to this Fund of $299,792.00. In addition to this amount is also an additional $30,000 for anticipated consultant expenses to assist in evaluating the need for a future stormwater fee. budget closes the pool, but the reallocation of those funds went into needed projects. compensation study and expressed appreciation for all of the employees. The Mayor also employees and expressed employees. He next commented on the increase commented that this was the first increa approximately six years. Vice Mayor Hare made a motion Ordinance as presented; the motion by Council Member Scheid and carried by the Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. Adopted Ordinance beginning July 1, 2016 and ending June 30, 2017 The next item on the agenda was to consider adoption of an Ordinance Chapter 86, Taxation, of the Vinton Town Code and establishing an effective date. began by commenting that he was advised by the Town Attorney today that this item needs to treated as a briefing. Initially increase was considered the budget that it was properly advertised as part of have a Public Hearing at a future meeting. The Ordinance will raise the transient oc language will bring our current ordinance in compliance with the State Code. Vice Mayor Hare made a motion to table the matter to a future meeting; the motion was seconded by Council Member McCarty and carried by the Tabled 5 Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. and establishing an effective date to a future meeting The next item on the agenda was to consider adoption of a Resolution of a Council Appointive Officers. appointive officers— are all identified in the Town Code. Currently the corporate limits. This new Policy would require that utility service area. Member Adams made a motion Resolution as presented; the motion by Council Member Scheid and carried by the Vote 5-0; Yeas (5) – Adams, Hare, Grose; Nays (0) - None. Adopted Resolution No. 2151 establishing a Residency Policy for Council Appointive Officers The Town Manager gave Council an update on the forced sewer issue on Hardy Road holes at Pine Street and Coolbrook, on Jefferson, in the rear parking lot of the Municipal Building and on Chestnut. He also commented that the Town did receive the grant for the new ambulance. The next item on the agenda was the appointment of the Town Manager. comments, Vice Mayor Hare appoint Barry W Town Manager; the motion was seconded by Council Member Adams. nominations were closed. The motion the following roll call vote, with all members Vote 5-0; Yeas (5) – Adams, Hare, Grose; Nays (0) - None. Thompson made brief comments. Town Manager The Mayor commented on the retirement of School and the former library property. supporting a special event 6 Comments from Council: Council Member McCarty expressed thanks to Joey Hiner for how he responded to a business owner that was affected by the sewer the request. Council Member Adams announced Chief. The Mayor asked if the two items listed under agenda. Vice Mayor Hare made a motion to move the Work Session items to b agenda Member Adams and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. Approved moving the Work Session items to briefing items on the agenda The next item on the agenda was a briefing on the Itinerant Vendors Ordinance and Mobile/ Information. Anita McMillan commented that at the last Council meet regarding the proposed Ordinance and Policy. Staff has submitted the proposed changes. the license fee charge for special events. This has been a part of the Town Code for the last 20 years, but has never been charged. As discussed in prior Commission the proposal is to adjoining localities. With regard to the Policy, Item No. 2 that relates to that relates to the reporting of locations has been deleted. have been deleted. Council Member Scheid commented that she would Discussion ensued on itinerant vendors 7 days that someone could vend and the issue of enforcement. Mr. Thompson commented that these localities are doing. There have been requests for interested because of the current fee. it will be placed on a future meeting agenda. the petition of the County of Roanoke for a rezoning GB General renovated to accommodate a full service restaurant, Avenue, Vinton, Tax Map Number 060.16-06-32.00. Anita McMillan began library building Commission and Council Public Hearings as well as the open house. The required noti Messenger and on RVTV-3. house was held at the War Memorial. Ms. McMillan Meadow Street. The revised site plan and elevation were also provided to Council. B square feet, the zoning ordinance would require one off-street parking space for every 100 square fee provided with the existing parking spaces of 17 and 13 Washington Avenue. 8 Memorial to the rear of the property and can be assessed from the front of East Washington Avenue. The comments the revised report. A letter was also included from one of the property owners of the four-unit apartment expressing her concerns and th submitted that is also stated in the staff report. The Planning Commission Public Hearing will be held on Thursday at 7:00 p.m. rezoning applicat uses that will not be allowed are: Sales and Service Establishment, Facilities, Gasoline Service Stations, Truck General Repair, Flea Markets, Antennas, Wireless Transmission Towers, Towers or Monopoles and Centers. Council Member Scheid asked if there was statistics on the trips per day to the property when the library was open and could staff check approximately 30 individuals that attended the open about Macado’s coming to the Town. The concerns that were mentioned to staff were making a left turn during the first few weeks of the restaurant opening. Staff ha overflow as get to the overflow parking since it is one-way on the south side. T area to make it for two-way traffic. the possibilities associated with the development. It 9 that this is an approved use within the ordinance requirements, it is their preference to hav cont elevations. felt it would be in everyone’s interest long- rezone the property to General Business regardless of the long- market property like this in its location without that designation. The next item on the agenda was a request to go into Closed Session pursuant to § 2.2- discussion for discussion regarding appointments to boards and commissions. Council Member Adams made a motion that Council go into Closed Session; McCarty members voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) – Council went into Closed Meeting at 8:45 p.m. At 10:02 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Vice Mayor Hare; seconded by Council Member McCarty voting: Vote 5-0; Yeas (5) – Scheid, Hare, Grose; Nays (0) – None. Certification of Closed Meeting Following the closed session, Vice Mayor Hare made a motion to re- Planning Commission for a new four- expire on June 6, 2020; to re-appoint Barry Thompson to the Roanoke Valley-Alleghany Regional Commission for a new three-year term to expire on June 30, 2016; to re-appoint Matt Hare to new three-year term to expire on June 30, 2019 and to re-appoint Arthur LaRoche to the Roanoke Valley Greenway Commission for a new three-year term to expire seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Re-appointed four-year term to expire on June 6, 2020; re-appointed Barry Thompson to the Roanoke Valley-Alleghany three- 30, 2016; re-appointed Matt Hare to Commission for a new three-year term to expire on June 30, 2019 and to reappointed Commission for a new three-year 10 The Town Manager commented that based on the new Residency Policy he would be revising Pete Peter’s expenses other department heads. In response to a question regarding how employees will be informed if they will be receiving a market that all Town employees will be each employee will be given a benefit sheet that will detail information specific to them. Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member Adams with all members voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) – APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: __________________________ Susan N. Johnson, Town Clerk Meeting Date July 5, 2016 Department Council Issue Proclamation - National Disability Voter Registration Week Summary The Blue Ridge Independent Living Center (BRILC) is a private, nonprofit organization that assists individuals with disabilities to be independent. They also work with the community to ensure it is accessible. As a part of their participating in REV UP America (Register-Educate-Vote, Use your Power), they have been challenged by their national organization to get local officials to sign a proclamation designating the week of July 11 through July 15 as “National Disability Voter Registration Week” to support the growing involvement of the disability community in the political process. Antwyne Calloway, Community Services Manager, will be present at the meeting to receive this Proclamation. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, in July 2015 people with disabilities and our supporters celebrated the 25th anniversary of the Americans with Disabilities Act (ADA); and WHEREAS, there are over 50 million people with disabilities of all ages living in communities throughout the United States; and WHEREAS, the disability community has a critical interest in policies enacted at local, state and national levels that effect the integration of people with disabilities, young and old, into our communities; and WHEREAS, getting the disability community involved in influencing public policies is essential if these policies are to meet the real needs of people with disabilities to live in the community; and WHEREAS, voting is one way for the disability community to exert their influence at local, state and national elections; and WHEREAS, there are multiple efforts to develop disability coalitions around the issue of voting and REV UP America * Register – Educate – Vote Use your Power is a national effort to encourage local and/or state disability community voting coalitions; and WHEREAS, members of national disability rights community are organizing a national Disability Voter Registration Week (DVRW) July 11th – July 15th. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim July 11-15, 2016 as “NATIONAL DISABILITY VOTER REGISTRATION WEEK” in the Town of Vinton and supports the growing involvement of the disability community in the political process. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 5th day of July, 2016. ____________________________________ Bradley E. Grose, Mayor Meeting Date July 5, 2016 Department Administration Issue United Way Most Innovative Campaign Award for the Town Employees’ 2015 Campaign Summary At a recent United Way Celebration Luncheon at Hotel Roanoke, the Town was recognized and received the “Most Innovative Campaign” Award for our 2015 Campaign. The success of this campaign is due to the hard work of Susan Johnson, our United Way Campaign Coordinator, and the members of the Vinton CARES Committee: Robbin Reams, Chasity Barbour, Valerie Cummings, John Foutz, Mary Beth Layman, GinaMarie Overstreet, Fred Sink and Karla Turman. Attachments None Recommendations None Town Council Agenda Summary Meeting Date July 5, 2016 Department Administration Issue Briefing on the proposed Performance Agreement with Richard Macher and the Roanoke County Economic Development Authority (EDA) to encourage the redevelopment of the former Vinton Branch Library to a full-service Macado’s restaurant. Summary The Town of Vinton in partnership with the Roanoke County Economic Development Authority has negotiated terms of an Performance Agreement with Richard Macher valued up to $500,000 over a ten year period to encourage the redevelopment of the former Vinton Branch Library into a full service sit-down Macado’s restaurant. Terms of the Performance Agreement include the Town of Vinton appropriating to the Roanoke County Economic Development Authority an amount not to exceed $50,000 annually and not to exceed the annual amount of meals tax collected by the Town from the Vinton Macado’s location. The appropriation to the EDA will be provided for a ten year period and is not to exceed $500,000 over the term of the performance agreement. In addition, the Town of Vinton will negotiate a separate lease agreement for the shared use of a parking lot on War Memorial Property for the purpose of employee and overflow patron parking for the Macado’s. The proposed Vinton Macado’s location will generate positive revenue for the Town of Vinton through the collection of Prepared Food & Beverage Tax, Sales Tax, Business License Tax and Real Estate Tax, and the total private investment towards the purchase and renovation of the property is anticipated to reach approximately $1.25 million. Once opened, the restaurant is anticipated to employ four to six full-time and as many as 60 part time employees necessary to staff the restaurant. Attachments Draft Performance Agreement Recommendations No action required Town Council Agenda Summary {00134188.DOCX } 1 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the “Agreement”) is made as of this _____ day of ________, 2016, by and between the TOWN OF VINTON, a political subdivision of the Commonwealth of Virginia, (hereafter, the “Town”), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (hereafter, the “Authority”), and _____________, a Virginia limited liability company (hereafter, the “Company”). WITNESSETH WHEREAS, the Town Council of the Town of Vinton and the Economic Development Authority of Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of the Town of Vinton and Roanoke County through the redevelopment existing property in order to provide for retained and increased employment and corporate investment in the Town of Vinton; and WHEREAS, the Company desires to acquire the old Vinton Branch Public Library, located in the Town of Vinton, that will be redeveloped and converted into a Macado’s Restaurant, (the “Project”) located at 800 Washington Ave, Vinton, VA (Tax Map #060.16‐32.00‐0000) (the “Property”), and WHEREAS, the Town and the Authority expect that the Project will promote economic development and generate new local tax revenues for the Town of Vinton; and WHEREAS, this increased investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Company’s Performance Requirements. a. The Company will cause this new Project in the Town of Vinton to be constructed and developed, obtaining ordinary and necessary governmental approvals from the Town, and meeting the applicable requirements of any other governmental agency. b. The Company agrees to provide the Town and the Authority with any and all documentation (provided that any personally identifiable, private, confidential, or other information that Company is required by law to keep private, shall be redacted) that may be required to verify the Company’s investment figures, during the period in which the Economic Development Incentive Grant (“Grant”) payments are to be made pursuant to this Agreement. c. The Company agrees to acquire the property from Roanoke County for $700,000 subject to the terms and conditions set out in a Purchase Agreement, which is available from Roanoke County and referenced in this Performance Agreement. The Company also agrees to fully be responsible for any and all redevelop costs associated with the building, the property and all other ancillary site improvements necessary to achieve the previously mentioned use of a full service restaurant. {00134188.DOCX } 2 2. Economic Development Incentive Grant. a. The Town shall appropriate annually to the Authority the funding for an Economic Development Incentive Grant for the benefit of the Company. The annual amount of the funding provided by the Town will be equal to the annual meals taxes generated by the Company and paid to the Town by the Project with a maximum cap of $50,000 per year. The Town’s funding of the Grant shall be provided for a total of ten (10) years and the Town’s total contribution is not to exceed Five‐Hundred Thousand Dollars ($500,000). b. The Town also agrees to negotiate a separate lease agreement with the Company for additional parking options on Town owned property adjacent to the Project for a period equal to the term of the Grant. c. Within sixty (60) days of the end of each calendar year beginning January 1, 2018 and until December 31, 2027, the Company shall provide such financial and tax data relating to the Project (provided that any personally identifiable, private, confidential, or other information Company is required by law to keep private, shall be redacted) as may be reasonably required by the Authority so that the Authority may calculate the actual Grant payment. The Company hereby authorizes the Treasurer for the Town to release to the Authority the Company’s tax information and data so that the Authority may calculate the actual reimbursement amounts. The Authority shall pay the annual Grant payment to the Company at an address designated by the Company within thirty (30) days after receipt by the Authority of the data. d. If the Company fails to complete the construction of this development by December 31, 2017, terminates this project prior to its completion or sells or transfers ownership of the location at any point during the term of the agreement, then the Authority and Town shall be relieved of any obligation to the Company for any Economic Development Incentive Grant. 3. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party’s obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term “force majeure” as used herein, shall include without limitation acts of God: hurricanes, floods, fire, tornadoes, earthquakes, storm; strikes or other industrial disturbances; acts of public enemy’s; orders of governmental authorities; insurrections; riots; epidemics. 4. This agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 5. This Agreement and any payments of public funds are subject to future appropriations by the Vinton Town Council to the Authority. {00134188.DOCX } 3 IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first written. TOWN OF VINTON, VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA By:_________________________________ By:____________________________________ Barry W. Thompson Town Manager Title:___________________________________ APPROVED AS TO FORM: ____________________ (Company) ______________________________ By:____________________________________ Theresa J. Fontana, Town Attorney Title:___________________________________ Meeting Date July 5, 2016 Department Planning and Zoning Issue Consider adoption of an Ordinance amending Section 86-287, Itinerant Vendors Generally; Tax Rate of Article VIII, License, Chapter 86, Taxation of the Vinton Town Code Summary Town Staff has received requests from food truck vendors to reduce the itinerant vendor license tax for mobile food vendors. The City of Roanoke has reduced their tax $500.00 to $75.00 and Roanoke County has reduced their tax from $500.00 to $50.00. At the direction of Town Council; the Planning Commission was briefed on this proposed amendment by Staff during its work session on February 25, 2016. Additionally, the Planning Commission also held a work session on March 24, 2016, to discuss mobile food vending. At that meeting, the Planning Commission recommended the following solution: Reduce the current itinerant vendor fee for mobile food vendors from $500.00 to $50.00. A Policy and Use Permission Form are also attached. Attachments Ordinance Mobile Food Unit/Food Truck Policy and License Information Mobile Food Unit/Food Truck Property Use Permission Form Recommendations Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JULY 5, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE AMENDING SECTION 86-287, “ITINERANT VENDORS GENERALLY; TAX RATE,” OF ARTICLE VIII, “LICENSES,” CHAPTER 86, “TAXATION,” OF THE VINTON TOWN CODE BY REDUCING THE LICENSE TAX FOR ITINERANT VENDORS. WHEREAS, in recent years, the number of food trucks has increased significantly nationally, as well as regionally; and WHEREAS, the Vinton Town Council finds that reducing the business license tax for a growing and new classification of businesses known as food trucks, which are currently classified as “itinerant vendors”, would promote economic development in the Town of Vinton; and WHEREAS, reducing the business license for this classification of businesses would encourage the entrepreneurial development of small businesses in the Town of Vinton; and WHEREAS, reducing this license tax from a maximum of $500.00 in any one (1) year to a maximum of $50.00 in any one (1) year would be consistent with neighboring jurisdictions; and WHEREAS, the Planning Commission was briefed by Vinton Planning and Zoning Staff at its meeting on February 25, 2016, and a work session on mobile food vending/food trucks was held by the Planning Commission on March 24, 2016; and WHEREAS, the Vinton Town Council held a work session on the mobile food vending on April 19, 2016, on the proposed reduction of the itinerant vendor business license tax. NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council does hereby amend Section 86-287, “Itinerant vendors generally; tax rate,” of Article VIII, “Licenses,” Chapter 86, “Taxation.” of the Vinton Town Code as follows: * * * Sec. 86-287. - Itinerant vendors generally; tax rate. (a) Itinerant vendor defined. An itinerant vendor means any person who engages in, does, or transacts any temporary or transient business in the town, and who for the purpose of carrying on such business occupies any location for a period of less than one year. (b) License display. A license certificate must be prominently displayed by an itinerant vendor. 2 (c) Tax rates enumerated. License tax rates shall be as follows: (1) Itinerant vendors of family supplies, meals, or merchandise of a perishable nature or which are used for heating purposes (i.e. meals from food trucks/carts/temporary food establishments, produce, fruits, meats, seafood, perishable food, ice cream, sandwiches, beverages, vegetables, flowers, plants, ice, wood, coal, etc.): $250.00 per month or fraction thereof $50.00 per year. (2) Itinerant vendors of general merchandise (not household supplies of a perishable nature, or supplies used for heating purposes as previously described): $500.00 per month year or fraction thereof. (3) In no event shall the tax rates specified in subsections (c)(1) and (c)(2) of this section exceed cumulatively $50.00 or $500.00 per year, respectively. (4) Prior to the issuance of any business license to an itinerant merchant of family supplies, meals, or merchandise of a perishable nature, the applicant shall provide proof of any required permit or license from the Health Department. (d) Exemptions. (1) Any person licensed to operate in the Vinton Farmer's Market shall be exempt from the provisions of this section; provided, however, that any activities outside the Vinton Farmer's Market within the town shall be subject to licensure under the provisions of this section or other sections of this article. (2) This section shall not apply to persons who sell or offer for sale, in person or by their employees, ice, wood, charcoal, or family supplies of a perishable nature grown or produced by them and not purchased by them for sale. Anyone exempt under this section must provide proof of such exemption. (3) This section shall not apply to any person who holds not more than two garage or yard sales within any 12 month period, provided that such sale is held on residential property and only household or personal goods owned by the seller or his immediate family are being offered for sale. (e) License fee. An itinerant vendor wishing to conduct business at a festival, parade or other special event in the town shall purchase a license for $25.00 per day. (f) Application of section provisions. This section shall not apply to any person who holds more than two garage or yard sales within any 12-month period, provided that such sale shall be held upon residential property and shall offer for sale only used household or personal goods owned by the seller or his immediate family. * * * BE IT FURTHER ORDAINED, that this Ordinance shall become effective upon its adoption. 3 This Ordinance adopted on motion made by Council Member ________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, Town Clerk Mobile/Temporary Food Unit Policy and License Information, 7/5/16 Page 1 of 2 MOBILE/TEMPORARY FOOD UNIT POLICY AND LICENSE INFORMATION A Mobile/Temporary Food Unit is defined as: A readily movable wheeled cart, table, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This may include food trucks/food carts/temporary food establishments. (1) The Itinerant Vendor License Fee for a Mobile/Temporary Food Unit shall be set at $50.00 per calendar year (January through December). In addition to the Itinerant Vendor License Fee, Mobile/Temporary Food Units are also required to pay Prepared Food and Beverage Tax to the Town of Vinton per the set payment schedule, as well as Sales Tax and litter tax, to the state of Virginia. (2) Mobile/Temporary Food Units will be allowed to vend only on commercially zoned properties (GB, CB, MUD, M-1, or M-2). Mobile/Temporary Food Units will not be allowed to vend on any residentially zoned properties except those owned by the Town of Vinton or other government entities with written permission from the Town Administration. Mobile/Temporary Food Units must have written permission from entity who owns the property. (3) Mobile/Temporary Food Units will not be allowed to vend during special events (the Saturday of the Dogwood Festival, the Fall Festival and the Christmas Parade) on Town-owned properties including public Right-of-Ways. (4) Mobile/Temporary Food Units will not be required to meet prescribed setbacks for the districts in which they intend to vend; however, they must setup in a manner that avoids any site visibility issues along streets or in parking areas for drivers or pedestrians. (5) Mobile/Temporary Food Units are allowed to vend on public streets or sidewalks so long as the license requirements are met, permission is obtained and so long as the unit is legally parked in an on-street parking space and is not impeding pedestrian or vehicular traffic. At no time shall seating areas for Mobile/Temporary Food Units be allowed on public streets or sidewalks. (6) Mobile/Temporary Food Units will not be allowed to setup and vend along a public street or right-of-way directly in front of an established, permanent restaurant at any time. (7) Written permission must be obtained from the property owner to setup a Mobile/Temporary Food Unit on a private property. A copy of the permission must be presented with the Itinerant Vendor License Application. Town of Vinton 311 S. Pollard Street, Vinton, VA 24179 Phone (540) 983-0605 Mobile/Temporary Food Unit Policy and License Information, 7/5/16 Page 2 of 2 (8) Mobile/Temporary Food Units must comply with all Town of Vinton Noise Ordinance regulations as prescribed by the Vinton Town Code. A copy of the Noise Ordinance can be furnished upon request. (9) Trash collection and disposal within a 20 foot radius of the Mobile/Temporary Food Unit is the responsibility of the Mobile/Temporary Food Unit proprietor. The town will not provide trash removal services to a Mobile/Temporary Food Unit. If the trash is not properly disposed of, responsibility for cleanup will be relegated to the owner of the property on which the Mobile/Temporary Food Unit was located. (10) Proper wastewater disposal shall be the responsibility of the Mobile/Temporary Food Unit proprietor. At no time shall wastewater be discharged onto a parking lot, grassy area, or into a storm drain. (11) Any violations of the trash and wastewater disposal requirements may result in the revocation of the Itinerant Vendor License by the Town Manager. (12) A Mobile/Temporary Food Unit will be allowed to display an unlimited number of signs permanently attached flat to the sides of the unit. (13) At no time shall any electronic signs flash or change messages more frequently than every 5 seconds. Signs must not cause a distraction to operators of vehicles. (14) One sandwich board (A-Frame) sign shall be allowed for each Mobile/Temporary Food Unit. Sandwich board signs shall not be greater than 4 feet in height or 2.5 feet in width. Sandwich board signs must be anchored to the ground immediately adjacent to the unit and must not cause any sight visibility issues for drivers or pedestrians. Sandwich boards signs shall not project over any portion of a street nor shall they obstruct any sidewalk to less than 4 feet in width. (15) A valid Virginia Department of Health permit shall be on prominent display at all times during the operation of the Mobile/Temporary Food Unit. A copy of this permit shall also be provided to the town at the time of application for the Vinton Itinerant Vendor License. (16) A valid Town of Vinton Itinerant Vendor License shall be on prominent display at all times during the operation of the Mobile/Temporary Food Unit. TOWN OF VINTON 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE (540) 983-0608 FAX (540) 985-3105 Mobile Food Vendor/Food Truck Property Use Permission Date of Request: ____________ Vinton Business License Number: ____________ Health Department Food Facility Permit: ___________________Expires:_________ Property Owner Name: __________________________________________________ Property Address: _____________________________________________________ _____________________________________________________________________ Zoning District: ___________ Property Owner Mailing Address: _________________________________________ ______________________________________________________________________ Telephone: ______________________ E-Mail:_______________________________ Grants Permission to: Applicant Name: _______________________________________________________ Applicant Mailing Address: ______________________________________________ ______________________________________________________________________ Telephone: _____________________ E-Mail: ________________________________ To set up a: ____ Truck ____ Trailer ____ Cart ____ Booth ____ Non Food For the Purpose of: _____________________________________________________ ______________________________________________________________________ Property Owner Signature: ____________________________ Date:_____________ Applicant Signature: ________________________________ Date:______________ Meeting Date July 5, 2016 Department Police Issue Consider adoption of a Resolution appropriating $6,331.00 received from the Department of Criminal Justice Services and the Town’s required $703.00 match for the purchase of 28 hard drives and 23 vest carriers. Summary The Department of Criminal Justice Services has approved a grant for the Police Department in the amount of $7,034.00 to include a match of $703.00, to be paid by the Vinton Police Department. This funding, if approved by Council, will be used to replace hard drives in 28 computers/MDT’s and 23 vest carriers. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 PM ON TUESDAY, JULY 5, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Vinton Police Department recognizes the need to keep all equipment in good working order and up to date; and WHEREAS, the Department of Criminal Justice Services (DCJS) has approved a grant for the police department in the amount of $7,034.00, to include a match in the amount of $703.00, to be paid out of the police departments budget; and WHEREAS, the police department would use these grant funds to update all of our older MDT’s and Computers by replacing the hard drives with newer, faster ones. By just replacing hard drives, we significantly cut costs to replace outdated computers. The police department would also purchase outer vest carriers for the department, these new carriers will replace the military look with a softer look; and WHEREAS, the matching funds will be paid out of our current operating budget using account 200.3101.716, Other Equipment fund. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following. APPROPRIATE FROM: 200.2404.005 BJAG One Time Equipment Grant $6,331.00 TO: 200.3105.305 BJAG One Time Equipment Grant $6,331.00 TRANSFER FROM: 200.3101.716 Other Equipment $ 703.00 TO: 200.3105.305 One Time Equipment Grant $ 703.00 TOTAL $7,034.00 2 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