HomeMy WebLinkAbout6/21/2016 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, June 21, 2016
5:45 p.m. - RECEPTION FOR COUNCIL MEMBER I. DOUGLAS ADAMS, JR.
MUNICIPAL BUILDING LOBBY
6:30 p.m. - RECOGNITION CEREMONY – COUNCIL CHAMBERS
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 a Travel Policy for members of Council, Boards and Commissions.
G. AWARDS, RECOGNITIONS, PRESENTATIONS
1. Report on the Vinton Volunteer First Aid Crew for May and introduction of new Officers – Assistant
Chief Wayne Guffey
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for
issues not listed on the agenda.
I. PUBLIC HEARINGS
1. Consideration of public comments regarding the petition of County of Roanoke for a rezoning of the
former Roanoke County Vinton Branch Library property, from RB Residential Business to GB
General Business District, for the building to be renovated to accommodate a full-service
restaurant, Macado’s Restaurant, located at 800 Washington Avenue, Vinton, Tax Map Number
060.16-06-32.00.
a. Open Public Hearing
• Report from Staff – Anita McMillan
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Council to consider adoption of an Ordinance
Matthew S. Hare, Vice Mayor
I. Douglas Adams, Jr., Council Member
Sabrina McCarty, Council Member
Janet Scheid, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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2. Consideration of public comments regarding the joinder of the City of Salem, Virginia to the
Roanoke Valley Resource Authority (RVRA) and on the approval and execution of Amended and
Restated Articles of Incorporation of the RVRA for accomplishing such joinder of City of Salem,
Virginia, together with any related matters.
a. Open Public Hearing
• Report from Staff – Dan Miles
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Council to consider adoption of the following Resolutions:
• Approving the joinder of the City of Salem, Virginia to the RVRA
• Approving the Amended and Restated RVRA Members and Facilities Use Agreement
• Approving an additional period of time for the RVRA to exist as a corporation
3. Consideration of public comments regarding a proposed Ordinance amending Article VII, Transient
Occupancy Tax, Section 86-211 “Definitions” and Section 86-212 “Levied rate” of Chapter 86,
Taxation, of the Vinton Town Code and establishing an effective date.
a. Open Public Hearing
• Report from Staff – Town Manager
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Council to consider adoption of an Ordinance
J. TOWN ATTORNEY
K. TOWN MANAGER
ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution to transfer funds in the General Fund and Utility Fund between
line items and cost centers to balance these accounts in the FY 2015-2016 Budget – Anne
Cantrell
2. Consider adoption of a Resolution to appropriate funds from the Capital Improvement Bond Series
2013 to Utility Fund Expenditure Accounts to properly record the expenditures for the June 30,
2016 ending budget – Anne Cantrell
3. Consider adoption of a Resolution to appropriate funds received from Bond Proceeds for the 2016
lease purchase of the hook truck to the capital outlay account to properly record the expenditures
for the June 30, 2016 ending budget – Anne Cantrell
4. Consider adoption of a Resolution appropriating funds in the amount of $17,000.00 from the sale of
equipment through Public Surplus – Town Manager
5. C
in the amount of $17,240.00 from the CDBG Revolving Loan Fund – Pete Peters
L. FINANCIAL REPORT FOR APRIL
M. MAYOR
N. COUNCIL
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O. CLOSED SESSION
1. Request to Convene in Closed Meeting, pursuant to § 2.2-3711 (A) (7) of the Code of Virginia
(1950), as amended, for consultation with legal counsel and briefings by staff members pertaining
to actual or probable litigation relating to an employment dispute, where such consultation or
briefing in open meeting would adversely affect the negotiating or litigating posture of the public
body; and consultation with legal counsel employed or retained by a public body regarding specific
legal matters requiring the provision of legal advice by such counsel. For the purposes of this
subdivision, "probable litigation" means litigation that has been specifically threatened or on which
the public body or its legal counsel has a reasonable basis to believe will be commenced by or
against a known party.
P. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING
Q. ITEMS REQUIRING ACTION
1. Consider approval of a confidential settlement agreement relating to an employment dispute.
R. ADJOURNMENT
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.
NEXT TOWN COMMITTEE/COUNCIL MEETINGS/EVENTS:
June 30, 2016 – 8:00 a.m. – Public Works Committee – TOV Conference Room
July 5, 2016 – 7:00 p.m. – Investiture Service followed by Regular Council Meeting – Council Chambers
July 11, 2016 – 3:00 p.m. – Finance Committee meeting – Finance Conference Room
July 19, 2016 – 7:00 p.m. – Regular Council meeting – Council Chambers
August 2, 2016 – No regular meeting – Council will participate in National Night Out – War Memorial Grounds
Meeting Date
June 21, 2016
Department
Finance
Issue
Consider approval of a Travel Policy for members of Council, Boards and Commissions.
Summary
In order to be consistent throughout the Town regarding travel reimbursement and expenses, the
proposed Travel Policy, if approved, will be distributed to all members of Council and any
pertinent Boards and Commissions members. This Policy mirrors the one that is followed by all
Town employees.
The Finance Committee reviewed this Policy at its June 13, 2016 meeting.
Attachments
Travel Policy
Recommendations
Motion to approve
Town Council
Agenda Summary
1
TOWN OF VINTON
TRAVEL POLICY FOR MEMBERS OF
COUNCIL, BOARDS AND COMMISSIONS
Travel Reimbursement and Expenses
All Council, Board and Commission members who incur travel expenses for Town of
Vinton business will be reimbursed for reasonable work related expenses at actual
costs. Members are responsible for keeping a detailed expense record (including
original receipts) and will be reimbursed for actual approved expenses with the
exception of meal reimbursements. All travel is subject to prior approval by the
appropriate department head and Treasurer. All travel requests must be submitted
within 10 days in advance on the Request for Travel Form (attached) regardless of
payment. This includes payments for registration fees and travel that is paid for by
credit card. Reimbursements will only be made after submitting all eligible travel
expenditure receipts with a completed Travel Expense Reimbursement Form
(attached). Ineligible expenses include but are not limited to the following: purchasing
alcoholic beverages, personal recreation-related expenses, and in-room hotel “pay-for-
view” movies and/or games. All members are expected to be prudent in incurring travel
expenses. Expenses judged to be unreasonable by the Treasurer, or expenses
insufficiently documented, may be disallowed. All expenses incurring from anyone other
than the member must be paid for or reimbursed by the member prior to or upon return
from travel.
1. Lodging
Expenses for lodging (room and tax) should meet the business and personal
needs of the member and offer good value. Travelers should use standard room
accommodations and only for the duration of the stay. The additional cost of
room upgrades (e.g.: suite, executive floor, room with a view, etc.) is not
reimbursable. Many hotels/motels give a discount to conference attendees or
municipal/government members traveling on business. Members should request
conference, governmental, or corporate rates when making reservations as
appropriate. If a traveler stays overnight with relatives or friends where no charge
is incurred, an explanation should be made on the travel form.
2. Meals
a. Meals purchased with Per Diem
The Town may reimburse for reasonable expenses for up to three meals
including tips; not to exceed the maximum meal per diem in effect at the
time of travel. The current maximum meal per diem, including tips, for a
full day while on travel status is $43. First and last day of travel status per
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diem will be issued at 75% of the daily per diem rate. (For example,
$43.00 X 75%= $32.25). Some exceptions for meal reimbursement may
be allowed under extenuating circumstances if meal per diem is not used.
Upon Treasurer approval, the daily per diem rate may be increased to $50
if traveling to one of the following cities and greater metropolitan areas.
Baltimore, MD New Orleans, LA
Boston, MA New York City, NY
Chicago, IL Orlando, FL
Cincinnati, OH Philadelphia, PA
Cleveland, OH Phoenix, AZ
Dallas, TX Pittsburg, PA
Denver, CO San Antonio, TX
Detroit, MI San Diego, CA
Houston, TX San Fransisco, CA
Kansas City, KS Seattle, WA
Los Angeles, CA St. Louis, MO
Miami, FL White Plains, NY
Minneapolis, MN Las Vegas, NV
Newark, NJ
Washington DC (Includes cities of Alexandria, Falls Church, Fairfax
Counties of Arlington, Loudon, and Fairfax; Maryland Counties of
Montgomery and Prince George).
If meals are included with registration or lodging as part of a package plan,
note the number of meals and indicate whether they are breakfast, lunch
or dinner on the expense form. Meals that are included in the registration
fee will have a reduction in the daily per diem. Breakfast = $7; Lunch =
$10; Dinner = $26. In the case of a $50 per diem, Breakfast = $9; Lunch =
$12; Dinner = $29. For example, if lunch is included in the registration
your daily per diem for the day will be $33. This does not include
complimentary continental breakfasts or meals provided by exhibitors.
b. Meals Purchased with Credit Card
Meals purchased on Town credit cards during travel status are subject to
the daily per diem rate. If per diem has been issued to the member prior
to travel, the member must reimburse the Town for actual costs of the
meal as well as any amount exceeding the per diem rate. When using a
credit card for meals, expenses for individual meals and tips are to be
recording on a daily basis.
The Treasurer, for financial or budget control purposes, may establish
maximum limits for reimbursement of total travel expenses.
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3. Out of Area Travel/OvernightTravel
Out of area/overnight travel approved expenses (with the exception of meals and
mileage) incurred while directly pursuing responsibilities in the interest of the
Town, will be reimbursed at the actual costs. This includes lodging, travel
expenses, conference fees, and other expenses related to the job responsibility.
All out of area/overnight travel expenses must be authorized prior to departure by
the appropriate department head and Treasurer. If requested, the Town of
Vinton may provide the travel allowance for meals in advance prior to the actual
travel. Reimbursement is paid at the current per-mile amount established by the
Town. Members that use their personal vehicle for Town business may be
eligible to receive mileage reimbursement.
TRAVEL SUMMARY
Travel Acct. Code:
(Required)
Name(s):
Reason for Travel:
Departure Date:
Total estimated expense:
Per Diem Check Request:
(meals & misc. exp.)** For insurance purposes onlyrepaymen
requested:(registration,
mileage, etc.) (attach remittance form)
**Per Diem Check Request Subject to change upon review from Financial Services
APPROVALS
Depar men ea a e reasure
ESTIMATED EXPENSES Special Notes:
CATEGORIES EXPENSES
TRANSPORTATION
Private Ca $0.00 $0.00
Town Car Fuel $0.00 $0.00
Rental Car with Fuel -$0.00 $0.00
Rail -$0.00 $0.00
Air -$0.00 $0.00
GARAGE/TOLLS $0.00 $0.00
TAXI/CAR FARE $0.00 $0.00
LODGING No. of nights
Ni htl rate $0.00 $0.00
REGISTRATION / LUNCHEON FEES $0.00 $0.00
PER DIEM
MEALS- Standard Per Diem No. of Meals
First Day of Travel Meals $32.25 0 $0.00 $0.00
Breakfast $7.00 0 $0.00 $0.00
Lunch $10.00 0 $0.00 $0.00
Dinne $26.00 0 $0.00 $0.00
Dail $43.00 0 $0.00 $0.
Last Da of Travel Meal $32.25 0 $0.00 $0.00
TOTAL PER DIEM $0.00 $0.00
GRANT FUNDS $0.00 $0.00
TOTAL ESTIMATED EXPENSES $0.00 $0.00
**NO ALCOHOLIC BEVERAGES WILL
BE APPROVED FOR TOWN
REIMBURSEMENT.**
**Exclude meals provided by conference*
$0.00
AMOUNT
PREPAID
or
CREDIT Check
appropriate
box
Total
Mileage
($.285)
Location:
Return Date:
Name of Additional
Traveler(s)$0.00
Town of Vinton Travel Expense Form - Part I
Traveler should Complete Part I for initial approval of estimated expenses and the Department Head signature approving travel and available funds. The original
copy is sent to the Treasurer for approval. After the Treasurer has approved the request, the approved copy will be forwarded to the Accounts Payable staff to
process any cash advances for travel. Upon return from travel, input the expenses in Part II, attach receipts, and submit to the Finance Department with
reimbursements owed to the town. Form and receipts must be returned within 10 days upon returning from travel. **Failure to do so could result in
suspension of all travel privileges, including usage of Corporate Travel Card.**
Department:
Association with Town:
Town of Vinton Employee Travel Expense Form - Part IIACTUAL EXPENSES Name Class
Part II DATES EXPENSES CREDIT Per Diem
Private Car Miles
Town Car (Fuel)$0.00
Rental Car with Fuel $0.00
Rail $0.00
Air $0.00
Receipts Required $0.00
Receipts Required $0.00
Receipts Required -$ -$
-$
1st day travel 32.25$ -$
Breakfast $7.00 -$
Lunch $10.00 -$
Dinner $26.00 -$
Last Day Travel $32.25 $0.00
-$
DAILY ACTUAL EXPENSES $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL $0.00 $0.00 -$
EXPENSE SUMMARY
CERTIFICATION
I certify that the foregoing expenses were incurred in the conduct of Town business.
Name:Signature:
I certify that the representative of the Town incurred the foregoing expenses while on "Travel Status."
UNUSUAL EXPENSES
ACCOUNT NUMBER
Meeting Date
June 21, 2016
Department
Vinton Volunteer First Aid Crew
Issue
Report on the Vinton Volunteer First Aid Crew for May and introduction of new Officers
Summary
Assistant Chief Wayne Guffey will be present to give this report to Council.
Attachments
May Report
Recommendations
No action required
Town Council
Agenda Summary
Vinton First Aid Crew Inc
Office of the Assistant Chief
Council Meeting Report
June 21, 2016
● Truck markup was 536 out of 480 hours for 111 %
● There was a 141 total volunteer calls
○ We responded to 101 calls for 71 %
○ We handled 97 calls for 69%
○ Career handled 4 calls that we responded to
○ Career handled 40 calls
○ Of the 40 calls that career handled alone
■ 18 were 2nd emergency calls
■ 13 were when we had no unit in service
■ 9 other calls
● ALS markup 85% , BLS markup 16 %
● 1745 Man Hours
● Fractile Response 7.98
● Unit in Service 97.5 %
2016-2017 Officers
Chief- Wayne Guffey
Asst. Chief- Chris Sayre
Captain- Aaron Albertson
1st Lieutenant- Greg Meinel
2nd Lieutenant- Steve Thrasher
Sergeant- Jason Peters
Wayne Guffey
Assistant Chief
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Meeting Date
June 21, 2016
Department
Planning and Zoning
Issue
Consideration of public comments regarding the petition of County of Roanoke for a rezoning of the
former Roanoke County Vinton Branch Library property, from RB Residential Business to GB
General Business District, for the building to be renovated to accommodate a full-service restaurant,
Macado’s Restaurant, located at 800 Washington Avenue, Vinton, Tax Map Number 060.16-06-32.00.
Summary
The subject property and building was used for a library from the time it was constructed in 1969
through 2015. The building is about 9,000 square feet in area on a 1.27 acre site. There is an existing
paved parking area on the property along Meadow Street. On May 26, 2016, a letter and a flyer were
mailed to 91 surrounding property owners to notify them of the request and to inform them of the dates
and times of the Planning Commission and Town Council public hearings and the open house about
the proposed rezoning. The open house flyer was also mailed to 45 surrounding occupants/tenants on
May 26, 2016. Additionally, the notice for the public hearings has been advertised in The Vinton
Messenger and on RVTV-3.
An open house about the proposed rezoning was held on Monday, June 6, 2016, at the Vinton War
Memorial. Town Council was briefed on the rezoning request at their June 7, 2016, work session. The
public hearing by the Planning Commission was held on June 9, 2016. They voted unanimously to
recommend approval of the rezoning request with the proffered conditions, as submitted by the County
of Roanoke.
At the Planning Commission’s public hearing, Roanoke County was represented by P. Jason Peters,
Chairman, Roanoke County Board of Supervisors, Rick James, Chairman of the Roanoke County
Planning Commission, Jill Loope, Economic Development Director, and Philip Thompson, Deputy
Director of Planning. Additionally, Richard Macher, owner of Macado’s Restaurant and his architect,
Jerome Henschel, were in attendance. Mr. Macher’s realtor, Barry Ward, was also at the meeting.
Town Council
Agenda Summary
2
Citizens Comments
As indicated in the staff report, Staff received several comments either in writing or from walk-ins
(Darlene McCaskill and Ed Clark), by phone calls (Kelli Mowbray, Bobby Altice), and from the June
6, 2016, Open House attendees. There were about twelve citizens in attendance at the Planning
Commission Public Hearing on June 9, 2016, with the majority of them (Chris Craft, Angie Chewing,
Kellie Mowbray, Justin Davidson, Kathryn Sowers and Tammy Carter) speaking in favor of the
rezoning. There were two citizens who voiced their concerns regarding the rezoning request:
1. James Houff, 213 Meadow Street: Mr. Houff indicated that he does not have a problem with
Macado’s, but he is concerned about the traffic, parking, late night noise and the dumpster of
the proposed Macado’s at the former Vinton Library.
2. Victoria Rosenberg, 239 Bowman Street: Mrs. Rosenberg is concerned about short-cut traffic
and safety along Monroe Avenue, Bowman Street and Meadow Street due to lack of sidewalks.
She is also concerned because there are school bus stops located along these streets.
Richard Macher with Macado’s indicated that parking along Meadow Street should be designated with
signage installed by the Town limiting it to use only by the residents.
Staff Comments
Planning Commission Chairman, Dave Jones, asked Tom Foster, Vinton Chief of Police, to report on
any research he did on Macado’s and his forecast of what types of calls for service the police
department might have if one locates in Vinton. According to Chief Foster, he wanted to be proactive
and has already looked at other places where Macado’s are currently located. Rex Anders, Chief of
Police for Town of Marion, sent Chief Foster data on their Macado’s which goes back to 2003. Marion
is an area of similar size to Vinton which has a population of about 6,500 and is 4 square miles in area.
Macado’s is located on 142 Main Street in Marion, and is located adjacent to residential properties.
Based on the records that were sent by Chief Anders from 2003 to current, 142 Main Street only had
17 calls for service; 9 were non-specific calls such as vehicle lockouts and damage to cars in parking
areas. The remaining offenses reported consisted of theft and vandalism to vehicles, not unlike what
one might see at other food service establishments. Chief Anders said they do not have any significant
problems with the Macado’s in their area.
Attachments
1. Ordinance
2. Staff Report and Supporting Materials
3. List of Property Owners Notified and Vicinity
4. Correspondence from Darlene McCaskill, Rental Property Owner of 215, 217, 219, and 221
Meadow Street, Vinton
5. Email sent to Council Member Scheid from Joseph and Victoria Rosenberg, 239 Bowman
Street, Vinton
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Alternatives
1. Approve the rezoning request with the proffered conditions submitted by the Petitioner, as
recommended by the Planning Commission.
2. Deny the rezoning request.
Staff recommends Alternative 1.
Recommendation
Motion to adopt Ordinance
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ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JUNE 21, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE to approve the petition of County of Roanoke for a rezoning of the former
Roanoke County Vinton Branch Library property, from RB Residential Business to GB General
Business District, for the building to be renovated to accommodate a full-service restaurant,
Macado’s, located at 800 Washington Avenue, Vinton, Tax Map Number 060.16-06-32.00.
WHEREAS, on May 25, 2016, a letter was mailed to surrounding property owners notifying
them of the rezoning request and informing them of the dates and times of the
public hearings of the Planning Commission and Town Council; and
WHEREAS, on May 25, 2016, a flyer regarding an open house held on June 6, 2016, about the
proposed rezoning and redevelopment of the former library property was mailed
to 91 property owners and 45 occupants of the adjacent neighborhood and
surrounding areas of the former library property; and
WHEREAS, on June 6, 2016, an open house was held for the general public at the Vinton War
Memorial by the Petitioner about the proposed rezoning and redevelopment of the
former vacant Roanoke County Vinton Branch Library property; and
WHEREAS, pursuant to the provisions of Section 15.2-2204 of the 1950 Code of Virginia, as
amended, the legal notice for the public hearings has been advertised in The
Vinton Messenger and on RVTV-3; and
WHEREAS, at the June 7, 2016, regularly scheduled meeting of Town Council, the Council
members were presented with the rezoning request by Staff and the Petitioner
during a work session; and
WHEREAS, the Planning Commission held a public hearing on June 9, 2016, and voted
unanimously to recommend that the rezoning request of Roanoke County to
rezone the former Roanoke County Vinton Branch Library property, from RB
Residential Business to GB General Business District, be approved with the
proffered conditions as submitted; and
WHEREAS, the Vinton Town Council held a public hearing on June 21, 2016.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia
that the petition of Roanoke County to rezone the former Roanoke County Vinton Branch
Library property, from RB Residential Business to GB General Business District, for the
building to be renovated to accommodate a full-service restaurant, Macado’s, located at 800
Washington Avenue, Vinton, Tax Map Number 060.16-06-32.00, be approved with the proffered
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conditions submitted by the Petitioner, and which the Council of the Town of Vinton, Virginia
hereby accepts. The County of Roanoke, as the Petitioner, has proffered that the following uses
will not be allowed on the Property:
• Auto and truck sales and service establishments
• Auto wash facilities
• Gasoline service stations
• Auto and truck general repair
• Flea markets
• Antennas, wireless transmission towers
• Towers or monopoles
• Outpatient Substance Abuse Centers
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
STAFF REPORT
PETITIONER: County of Roanoke PREPARED BY: Anita J. McMillan
CASE NUMBER: 1-06-16 DATE: May 31, 2016
A. NATURE OF REQUEST
The Petitioner, Thomas Gates, Roanoke County Administrator, an authorized agent for Roanoke
County Board of Supervisors, is requesting a rezoning of the former Roanoke County Vinton
Branch Library property, from RB Residential Business to GB General Business. The rezoning will
allow the vacant building to be renovated to accommodate a full-service restaurant (Macado’s
Restaurant). The former Roanoke County Vinton Branch Library property is located at 800
Washington Avenue, tax map number 060.16-06-32.00.
B. APPLICABLE REGULATIONS
The property is currently zoned RB Residential Business District and consists of a vacant
building, which was formerly used as the Roanoke County Vinton Branch Library. There are
also a paved parking area to the rear of the building and grassy areas to the side of the building
along Meadow Street and to the front of the building along Washington Avenue. The intent of
the RB Residential-Business district is to accommodate a limited range of offices and similar
uses that are compatible with moderate density residential in order to provide for mixed uses and
other alternatives for conversion of dwellings or for new construction in areas that are
undergoing change and are no longer viable as exclusively residential in character. The district is
also intended as a means to ease the transition between residential and commercial areas by
providing for a mix of uses and development standards that are compatible with nearby
residential areas. Some of the uses allowed in the RB district are single-family and two family
dwellings; offices; medical and dental clinics and laboratories; banks; barber and beauty shops,
including incidental retail sales of related products; and so forth.
The GB General Business District allows a wide range of retail and service uses, which are
intended to serve the community as a whole or cater to the traveling public. The GB District is
intended to be applied along primary traffic routes and to areas having direct access to such
routes, in order to provide safe and efficient access while avoiding the routing of traffic onto
minor streets or through residential areas. The district regulations are designed to afford
flexibility in permitted uses of individual sites in order to promote business opportunities,
economic development, and the provision of services. Uses by right that are allowed in GB
District include institutional, offices and/or commercial uses, such as but not limited to adult day
care centers, auto wash facilities, banks, doctor offices, restaurants, retail stores and shops. In
addition, a list of uses such as amusement centers, flea markets, and auto and truck general repair
are permitted in the GB District, subject to approval of a special use permit. Washington Avenue
is one of the Town of Vinton’s primary roads. Additionally, Washington Avenue is one of two
major corridors, the other being Hardy Road, that travel through the Town of Vinton and
Roanoke County.
C. ANALYSIS OF EXISTING CONDITIONS
Background
The discussion on alternative uses for the former Roanoke County Vinton Branch Library on
Washington Avenue started when the construction for the new Roanoke County Vinton Branch
Library located on South Pollard Street started in March 2014, when it was known that the
library on Washington Avenue would be closed once the new library on South Pollard Street is
opened in November 2015.
On May 25, 2016, a letter was mailed to surrounding property owners to notify them of the
rezoning request and to inform them of the dates and times of the Planning Commission and
Town Council public hearings. Additionally, the notice for the public hearings has been
advertised in The Vinton Messenger and on RVTV-3. The public hearing by the Planning
Commission will be held on June 9, 2016, and the Town Council’s public hearing will be held on
June 21, 2016.
A flyer regarding an open house to be held on June 6, 2016, on the proposed rezoning and
redevelopment of the former library property was mailed to 91 property owners and 41
occupants of the neighborhood adjacent to the former library property on May 26, 2016.
Location – 1.046 acres developed parcel located at 800 Washington Avenue. The building can be
accessed from Meadow Street for vehicular traffic. Pedestrians can access the building from
Meadow Street and Washington Avenue.
Topography/Vegetation – The developed parcel is level and developed with a vacant building
(former library), paved concrete sidewalks, paved parking areas to the north, and a grassy front
lawn and a few mature trees to the south and to the east.
Adjacent Zoning and Land Uses –The areas to the west of the Property are zoned RB Residential
Business and R-2 Residential District and are developed with a dental office (Dr. Kevin
Greenway, DDS), single-family, two-family and multi-family dwellings. The area to the east is
zoned RB Residential Business and developed with government-owned facilities—the Vinton
War Memorial Building, Veteran’s Monument, Senior Center and privately-owned single-family
dwellings. The areas to the south of Washington Avenue are zoned RB Residential Business and
R-3 Residential District and developed with a religious facility, Thrasher Memorial United
Methodist Church and the church’s paved parking lots.
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture – Please see attached aerial photograph of the property, conceptual plan
showing the existing and proposed off-street parking spaces, and other proposed improvements
to the former library building. The property has frontage along two public right-of-ways;
Washington Avenue to the south, a major four-lane thoroughfare, and Meadow Street to the
west.
As shown in the submitted conceptual plan, the total proposed dining area is about 3,000 square
feet (2,250 square feet of indoor dining, and 750 square feet of outdoor dining area); therefore 30
off-street parking spaces will be required. Currently, there are 17 off-street parking spaces on the
property with additional 13 off-street parking spaces to be constructed in the grassy area adjacent
to the building. As required by the zoning ordinance, a 10 feet front yard setback will be
provided for the proposed parking areas to accommodate the needed 13 off-street parking spaces.
The proposed hours of operation of the restaurant will be 8:00 a.m. – 12:00 a.m., 7 days per
week. The total renovation cost for the project is expected to be +/- $1 million. The
redevelopment is expected to be a 9-month construction process with a tentative opening in
Spring 2017. The estimated seating capacity is 120 - 150 seats. The projected number of
employees is 4 full-time and 50 - 60 part-time on staggered shifts. Thirty (30) off-street parking
spaces will be provided on the property. Shared-use off-street parking spaces will be provided at
the Vinton War Memorial parking lot for overflow parking for patrons and employees when
needed. An outdoor seating area with a fire pit is planned for the restaurant. The restaurant will
bring revenue in the form of prepared food and beverage taxes and sales taxes, as well as real
estate taxes, to the Town.
Site Access – The facility can be accessed by pedestrian traffic from Meadow Street and
Washington Avenue. Vehicular traffic will be accessed from Meadow Street. There is a Valley
Metro bus stop located in front of the facility.
The 2015 Virginia Department of Transportation Traffic Data for the Annual Average Daily
Traffic (AADT) by Section of Route:
1. Gus Nicks Boulevard from NCL Vinton to Pollard Street – 21,000 AADT
2. Washington Avenue from Pollard Street to Mitchell Road – 20,000 AADT
3. Washington Avenue from Mitchell Road to ByPass Road – 17,000 AADT
4. Meadow Street from Washington Avenue to Monroe Avenue- 1,100 AADT
Utilities – The developed property is served by public water and sewer services.
E. COMPREHENSIVE PLAN/FUTURE LAND USE
The 2004-2024 Town Comprehensive Plan designated the former library property and Vinton
War Memorial property as community facilities. The fully developed properties to the west and
east are designated as either residential/business or low-density district. The properties to the
south are designated as either medium-density or high-density residential district.
F. STAFF CONCLUSION
Approval of the proposed rezoning from RB Residential Business District to GB General
Business District would allow the existing vacant library building to be renovated for a full-
service restaurant (Macado’s Restaurant). The proposed redevelopment of the former library
property is located along a major four-lane corridor in an area that is currently underserved by
full-service restaurants.
As indicated by the Petitioner, the redevelopment of the property will promote and encourage the
economic vitality and growth of the community. The Petitioner further indicates that the
redevelopment of the facility for the proposed use will not adversely affect adjoining properties
and will enhance the neighborhood by taking a vacant building and repurposing it for a suitable
alternative use. The proposed restaurant should not generate any more trips per day than the
library, which was one of the busiest in the whole area library system. Adequate utilities and
public facilities are already in place to serve the proposed full-service restaurant.
The property owner may submit that only certain uses to be allowed on the property as proffered
conditions for the rezoning request. In addition, with rezoning request, the planning commission
and the town council may impose such conditions as reasonably necessary to ensure the use will
be compatible with the surrounding area and consistent with the purpose of the zoning ordinance.
As indicated in the rezoning application, the Petitioner has proffered that the following uses will
not be allowed on the Property:
Auto and truck sales and service establishments
Auto wash facilities
Gasoline service stations
Auto and truck general repair
Flea markets
Antennas, wireless transmission towers
Towers or monopoles
Outpatient Substance Abuse Centers
G. CITIZEN(S) COMMENTS
On June 2, 2016, Staff received a call from Ms. Kelli Mowbray who spoke very much in favor of
the Macado’s project. Ms. Mowbray said that it would be a great revenue source for the Town
and would be convenient for residents to pick up or go eat a nice meal. Mr. Ed Clark, the
property owner of 211 Bowman Street, came in to the Planning Office on June 2, 2016. Mr.
Clark informed staff that parking in the neighborhood is tight, but seemed satisfied after he was
shown the conceptual plan showing the existing and proposed off-street parking spaces to be
provided for the proposed restaurant and the shared-use off-street parking spaces that will be
provided at the Vinton War Memorial parking lot for overflow parking for patrons and
employees when needed.
On June 3, 2016, Ms. Darlene McCaskill, the property owner/landlord of a nearby apartment
building (215, 217, 219 and 221 Meadow Street) came by the office and submitted a letter for
Staff to let the Vinton Planning Commission and Vinton Town Council know about her and her
tenants’ concerns about the proposed rezoning of the property. According to Ms. McCaskill, all
four units are currently rented by senior citizens, as are other dwelling units located on Meadow
Street, who value their peace and quiet, and she feels that in some sense they have earned the
right to live without disturbances, noise or excessive activity. Please see attached letter listing
concerns regarding the proposed rezoning of the property. The list of concerns regarding the
change of zoning and subsequent restaurant is as follow:
1. If there is to be any music that can be heard outside the building, that it cease by 8:00 or
9:00 p.m. each night. That any other manner of noisy activities not take place outdoors or
be so loud that it can be heard outside, even if it is taking place inside.
2. That not parking for restaurant be allowed on Meadow Street. A sign designating that the
parking is for residents only, or even stronger language about towing, be put up as needed
along the street. My residents have very little parking area at present because of the
location of the mail boxes.
3. That traffic can be kept to a minimum on Meadow Street, perhaps with an entrance to a
parking area in front of the restaurant off of Washington Avenue.
On June 6, 2016, Staff received a call from Mr. Robert Altice who spoke in favor of the
Macado’s project. Mr. Altice said that the Town should approve the Macado’s rezoning request.
An open house about the proposed rezoning of the former library property was held on Monday,
June 6, 2016 from 6:00 p.m. to 7:30 p.m. at the Vinton War Memorial building. As listed are
comments submitted by some of the attendees of the open house:
1. Stephanie Brown-Mead, 222 S. Pollard Street, Vinton: I think this is great for Vinton.
2. Don Halliwill, 6140 Morning Glory Drive, Roanoke, VA 24012: Although not a current
resident, as a life-long Vintonite and in my capacity as a leader for Vinton business
(Carilion Clinic) – I believe this one of the strongest opportunities for Vinton in decades
and I fully support moving this forward quickly!!
3. Gary Payne (Vinton Roofing), 124 E. Washington Avenue, Vinton: Way to go! Looking
forward to having Macado’s!
4. Joy Payne (Vinton Roofing), 124 E. Washington Avenue, Vinton: Welcome!
5. Carolyn Krisha, 619 Morrison Avenue, Vinton: Only objection is a need for a traffic
light.
6. Keith Liles, 702 Clearview Drive, Vinton: Welcome to Vinton! Just a start to other great
things to come!
7. Stacie Brinkley, 501 McDonald Street, Vinton: We are so excited about Macado’s
coming to Vinton. Both as a resident and a business owner, I feel this is going to be a win
win for all involved.
8. Mary Beth Layman, 1028 Almond Drive, Vinton: (1) I like the location of the outdoor
dining, (2) Not sure how Meadow Street residents will react to dumpster location. I
understand there is a solid door, (3) Like the plans, (4) Glad to have a nice restaurant
planning to locate in Vinton.
9. Angie Chewning, 1510 Bali Hai Drive, Vinton: Cannot wait! Very excited to have
Macado’s “IN” Vinton.
10. Bootie Chewning, 888 Colbourne Avenue, Vinton: Fantastic Idea – So excited about the
growth of Vinton.
11. Ann Brown, 714 Dillon Drive, Vinton: So excited about Macado’s coming to Vinton! We
need another restaurant!
12. Kathryn Sowers, 1214 Jeanette Avenue, Vinton: Very excited about Macado’s coming. I
love we are moving forward.
On Tuesday, June 07, 2016, Ms. Darlene McCaskill, came by the Planning Office and submitted
a letter, adding to the items that were mentioned in her previous letter, as follows:
1. Along Meadow Street on the side of the building, a row of tall slender evergreen trees
would help block out the noise and visually seeing all the coming and going. This would
make somewhat of a boundary to separate the business property from the residential area
at the side of the building and back parking lot.
2. There is a concern about the dumpster area creating a bad odor in the area especially for
those residents right on Meadow Street. This might have been dealt with if the dumpster
is picked up often or completely enclosed by walls, etc.
Meeting Date
June 21, 2016
Department
Administration
Issue
Consideration of public comments regarding the joinder of the City of Salem, Virginia to the Roanoke
Valley Resource Authority (RVRA) and on the approval and execution of Amended and Restated Articles
of Incorporation of the RVRA for accomplishing such joinder of City of Salem, Virginia, together with
any related matters.
Summary
In 1991, the City of Roanoke, the County of Roanoke and the Town of Vinton formed the Roanoke
Valley Resource Authority to own and operate the Tinker Creek solid waste transfer station and the Smith
Gap landfill. At that time, the City of Salem was offered membership in the Authority but elected to
continue use of a private hauler contract for disposal of its solid waste. On May 9, 2016, Salem City
Council voted to request the existing members of RVRA allow the City's participation in the Authority.
Each existing member jurisdiction must agree to membership by the City of Salem. Staff recommends
authorizing the Mayor to execute the Amended and Restated Articles of Incorporation and the Town
Manager to execute the Members and Facilities Use Agreement (“Use Agreement) and any incidental
documents related to the Landfill Permit Conditions and Operating Policies, if any, as required to
accomplish the goal of adding the City of Salem to the Authority.
Dan Miles with the RVRA will be at the meeting to make brief comments during the Public Hearing and
answer any questions.
Attachments
Amended and Restated RVRA Members Facilities and Use Agreement
Resolution approving the joinder of the City of Salem, Virginia to the RVRA
Resolution approving the Amended and Restated RVRA Members and Facilities Use Agreement
Resolution approving an additional period of time for the RVRA to exist as a corporation
Recommendations
Conduct Public Hearing
Separate motions to adopt each of the three Resolutions
Town Council
Agenda Summary
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{00150609.DOCX } 1
AMENDED AND RESTATED
ROANOKE VALLEY RESOURCE AUTHORITY
MEMBERS AND FACILITIES USE AGREEMENT
THIS AMENDED AND RESTATED MEMBERS AND FACILITIES USE
AGREEMENT (“Agreement”) dated as of the _____ day of ____________, 2016 by and
between the Roanoke Valley Resource Authority, (“Authority”), a public body politic and
corporate, and the County of Roanoke, a political subdivision of the Commonwealth of Virginia,
(“County”), the City of Roanoke, a municipal corporation of the Commonwealth of Virginia,
(“City”), the Town of Vinton, a municipal corporation of the Commonwealth of Virginia
(“Town”), and the City of Salem, a municipal corporation of the Commonwealth of Virginia
(“Salem”).
RECITALS
WHEREAS, the members of the Roanoke Valley Resource Authority, the Board of
Supervisors of Roanoke County, the City Council of the City of Roanoke, the Town Council of
the Town of Vinton, have signified their intention to amend the Articles of Incorporation of the
Roanoke Valley Resource Authority to provide that the City of Salem shall become a member of
the Authority pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia (1950), as amended (“Act”). A copy of the proposed Amended and Restated
Articles of Incorporation for the Authority is attached hereto and incorporated by reference
herein as Exhibit “A”;
WHEREAS, the Authority, the County, the City, and the Town have previously entered
into this Members Use Agreement originally dated October 23, 1991, as amended by five (5)
amendments dated June 1, 1992 (First Amendment), December 2, 1996 (Second Amendment),
February 1, 1999 (Third Amendment), April 1, 2005 (Fourth Amendment), and March 23, 2009
(Fifth Amendment) (collectively referred to as the “Original Agreement”), and now desire to
further amend and restate the Original Agreement with this Agreement to make provisions for
Salem becoming a member of the Authority and to make certain other changes as set forth
herein;
WHEREAS, the parties have developed and plan to further develop, construct, modify,
and\or expand through the Authority, the Landfill, Transfer Stations, and Facilities including
Facilities related to the transportation and disposal of Acceptable Waste, including exercise of
any and all powers granted by the Act;
WHEREAS, the parties intend through the Authority to contract for a supply of
Acceptable Waste to be delivered to the Facilities;
WHEREAS, the City, County, Town, and Salem wish to contract with the Authority to
obtain rights to dispose of Acceptable Waste generated within their respective jurisdictions;
{00150609.DOCX }
WHEREAS, pursuant to this Agreement, the City, County, Town, and Salem desire to set
forth the terms and conditions of the disposal of Acceptable Waste through use of the Facilities;
and,
WHEREAS, the purpose for which the Authority has been formed is to exercise any and
all powers granted by the Act, including, without limitation, to acquire, finance, construct,
operate, manage, and maintain a garbage and refuse collection and disposal system and related
facilities.
AGREEMENT
NOW, THEREFORE, the parties to this Agreement agree as follows:
INTRODUCTION
(a) The above whereas clauses are hereby incorporated into and made a part of this Agreement.
(b) This Agreement shall be known as The Amended and Restated Roanoke Valley Resource
Authority Members and Facilities Use Agreement dated as of July 1, 2016.
ARTICLE I
DEFINITIONS
Unless otherwise defined, each capitalized term used in this Agreement shall have the
meaning set forth below.
“Acceptable Waste” means non-hazardous “municipal solid waste”, “industrial waste”
and “agricultural waste”, “construction waste”, “debris waste”, “demolition waste”, as defined in
the Virginia Department of Waste Management Solid Waste Management Regulations, as
amended, (the “DWM Regulations”), and such other wastes as Authority shall agree in writing to
accept from time to time, subject to such limitations and exclusions as are imposed by
Applicable Law and excluding all Unacceptable Wastes.
“Act” means the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2,
Sections 15.2-5100, et seq., Code of Virginia of 1950, as amended.
“Annual Budget” means the annual budget of the Authority as described in Section 5.9.
“Annual Deficit” means any actual deficit at the end of a Fiscal Year consisting of an
excess of Operating Costs over Operating Revenues for such Fiscal Year incurred by the
Authority acting pursuant to an Annual Budget and any amendments thereto approved in
advance by all Users in accordance with Section 5.9.
“Applicable Law” means any law, regulation, requirement (including but not limited to
permit and governmental approval requirements) or order of any local, state or federal agency,
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{00150609.DOCX } 3
court or other governmental body, applicable from time to time to the acquisition, design,
construction, equipping, testing, start-up, financing, ownership, possessor or operation (including
but not limited to closure and post-closure operations) of the Facilities or the performance of any
obligations under any agreement entered into in connection therewith.
“Articles of Incorporation” means the Articles of Incorporation of the Authority as they
may be amended and restated from time to time.
“Authority Default” means any of the events of default described in Section 6.2.
“Bonds” means any Revenue Bonds, or other obligation, issued by the Authority to
finance the acquisition, construction, improvement, and equipping of the Facility/Facilities,
including any revenue bonds issued to refund such Bonds.
“Bylaws” means the Bylaws of the Authority, as they may be amended from time to
time.
“Capital Expenditure” means any single expenditure intended to benefit and be
amortized over 5 or more accounting periods under Generally Accepted Accounting Principles.
“Charter Member Users” or “Charter Member User” means Roanoke County, the City
of Roanoke, and the Town of Vinton, as the context may require.
“Contract Municipal Customer(s)” means any local government entity, located wholly
or partially within a sixty (60) mile radius of a Facility and under contractual obligation with
the Authority or permitted to bring Acceptable Waste generated within said local government
entity’s jurisdiction to a Facility.
“Debt Service Payments” means the payments of principal, premium, if any, and interest
required to be made by the Authority with respect to the Bonds.
“Designated Hauler” means any person (other than a User) (1) who is authorized to
deliver Acceptable Waste to the Facility on behalf of a User or a Contract Municipal Customer
and originating from User’s or Contract Municipal Customer’s jurisdiction, for a fee paid by the
User; or, (2) who collects Acceptable Waste pursuant to contract with or franchise from the User
and is designated to the Authority as such by the User in writing.
“Event of Default” means the events of default set forth in Section 6.2 and 6.3.
“Facility” and/or “Facilities” as the context may require, means the Landfill located in
Roanoke County; and/or, as the context may require, Transfer Station; and/or, any other
operation/structure owned and operated by, or on the behalf of, the Authority.
“Fiscal Year” means the period from July 1 of one year to June 30 of the next year.
{00150609.DOCX }
“Hazardous Waste” means (i) “hazardous waste” as such term is defined in the DWM
Regulations, (ii) “hazardous waste” as such term is defined in the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq. as amended from time to time; and (iii) solid waste that
because of its quantity, concentration, or physical, chemical or infectious characteristics may
pose or significantly contribute .to a substantial present or potential hazard to human health, the
Facility, or the environment when treated, stored, transported, or disposed of or otherwise
managed.
“Host Community Fee” means the annual fee paid by the Authority to a Charter
Member User or a User for hosting the Facilities as set forth in Section 7.1.
“Indenture” means any Indenture of Trust or other document, entered into by the
Authority pursuant to which Bonds are issued.
“Landfill” means the regional landfill to be developed and operated by the Authority on
one or more sites for the disposal and fill of Acceptable Waste in accordance with the special use
permit provided pursuant to County item 62789-10 and Resolution 62789-12, each dated June
27, 1989.
“Leachate” means wastewater generated at and by Facilities.
“Maximum Annual Tonnage” means the maximum annual total tonnage of Acceptable
Waste disposed of at the Landfill agreed by the Authority and Users to be 330,000 tons per year.
“New Member(s)” means all local government entities that are members of the
Authority, other than the Charter Member Users, in accordance with Section 4.4.
“Operating Costs” means all actual costs of the Authority properly allocable to acquiring,
constructing, equipping, maintaining and operating the Facility and set forth in the Annual
Budget, including, but not limited to:
(1) Salaries and fringe benefits of employees;
(2) Utilities, fuel, equipment (including but not limited to trucks and heavy
equipment) tools and supplies;
(3) Engineering, testing, and consulting costs for design and operation, testing,
monitoring, and closure;
(4) All costs for compliance with all permit conditions and compliance with
Applicable Law, including costs for treatment and disposal of leachate or materials
inappropriately disposed or delivered to the Facility;
(5) Debt Service Payments;
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{00150609.DOCX } 5
(6) Legal costs incurred in connection with the zoning, permitting, financing,
operating and defending of The Facility and the Authority;
(7) Insurance costs and the costs of bonds, letters of credit, escrows or other
financial assurance or allowance for environmental monitoring and assurance,
closure, post- closure or property value guarantees or for compliance with
Applicable Law;
(8) Reasonable host community allowances as identified and set forth in the
special use permit for the Landfill Roanoke County item 62789-10, and Resolution
62789- 12, each dated June 27, 1989; and as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City Planning
Commission on June 5, 1991 and/or as provided in this Agreement;
(9) Capital Expenditures necessary for compliance with Applicable Law, Capital
Expenditures necessary for normal maintenance and reasonable periodic expansion
of the Facility and Capital Expenditures incurred in connection with
Uncontrollable circumstances;
(10) Purchase and maintenance costs of equipment and maintenance of the
Facility;
(11) All taxes, including but not limited to those on real property, equipment or
income;
(12) All accounting and bookkeeping fees and charges;
(13) All costs associated with uncollectible accounts;
(14) The Authority's costs for Transportation Services; and
(15) All amounts required to be paid by the Authority to replenish deficits in the
Debt Service Reserve Fund or the Rate Stabilization Fund, or any similar funds,
created pursuant to the Indenture.
“Operating Revenues” means all income and revenues derived by the Authority from the
ownership or operation of the Facilities, including the receipts of Tipping Fees from the Users,
Private Haulers and Designated Haulers (but excluding any payments of any User's Pro Rata
Share) and income from the investment of money held by or on behalf of the Authority.
“Private Hauler” means any person (other than a User or a Designated Hauler) who
disposes of Acceptable Waste originating from User’s or Contract Municipal Customer’s
jurisdiction at the Facilities, including individuals delivering household waste in privately owned
vehicles.
{00150609.DOCX }
“Pro Rata Share” means that share of the Annual Deficit which is in the same proportion
that the estimated population of the respective User bears to the total estimated population of all
jurisdictions then members of the Authority which are then subject to payment of a Pro Rata
Share, both as most recently projected on an annual basis by the Center For Public Service at the
University of Virginia.
“Transportation Services” means Authority-contracted transportation services provided
by the Norfolk Southern Railway, and any other Authority-contracted service provider, for the
transportation of Acceptable Waste and Leachate.
“Reciprocating Local Government Entity” means any local government entity entering
into a reciprocal, contractual agreement with the Authority for purposes of managing or
disposing of all or a portion of each entity’s Acceptable Waste, respectively.
“Recycled Waste” means material diverted from the waste stream for separate
processing in accordance with the applicable requirements of state and federal law and
implementing regulations.
“Roanoke Transfer Station” means the Transfer Station located in the City of Roanoke,
sited pursuant to and subject to the terms and conditions of the Solid Waste Transfer Facility
Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria,
dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991.
“Tipping Fee” means the per-ton fee, or otherwise proportionate rate as published in the
Authority’s posted rate schedule, payable to Authority for the disposal of Acceptable Waste.
“Ton” or “ton” means a unit of weight equal to 2000 pounds.
“Transfer Station” means any facility, fully permitted by the Commonwealth of Virginia
and owned and operated by, or on the behalf of, the Authority, only for the transfer of
Acceptable Waste by Transportation Services to the Landfill, or other temporary, emergency
designated disposal facilities as provided in Sections 4.1.(a) and 4.4.1.
“Unacceptable Waste” means waste which the Facility is precluded by Applicable Law
from accepting, including, without limitation, medical wastes, hazardous wastes, waste as
proscribed by applicable federal, state or local law or regulations, or waste otherwise prohibited
by the Authority.
“Uncontrollable Circumstance” means any event or condition, whether affecting the
Facility, any User or the Authority, that interferes with the acquisition, design, construction,
equipping, start-up, operation, ownership or possession of the Facility or other performance
required hereunder, if such event or condition is beyond the reasonable control, and not the result
of willful action of the party relying thereon as justification for any nonperformance including
but not limited to an act of God, storm, flood, landslide, earthquake, fire or other casualty, war,
blockade, insurrection, riot, the order or judgment of any local, state, or federal court,
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{00150609.DOCX } 7
administrative agency or governmental officer or body, a strike, lockout or other similar labor
action .
“User” or “Users” means the Charter Member Users, and New Members constituting the
Authority under the terms of this Agreement, if applicable, as the context may require.
“User Default” means any of the events of default described in Section 6.3.
ARTICLE II
TERM OF AGREEMENT
Section 2.1. Term. This Agreement shall become effective upon its execution, subject
to the terms and conditions contained herein, and shall be effective and the Authority shall have
existence until January 1, 2066, unless further extended pursuant to the provisions of the Act,
provided that the Authority and this Agreement shall in any event continue until adequate closure
and post-closure obligations and responsibilities with respect to the Facilities have been met.
Users covenant and agree to undertake in good faith and in a timely manner all actions
necessary for the establishment of the Authority and the establishment and operation of the
Facility as set forth herein.
Section 2.2. Applicability; Amendments. The Authority and Users covenant and agree
that except as stated herein the terms, conditions and requirements contained in this Agreement
shall apply equally to each User and further covenant and agree that this Agreement and the
Articles of Incorporation shall not be amended or changed in any way without the consent of
Authority and the consent of the governing body of each User. The parties hereto further
covenant and agree that, except in case of an Uncontrollable Circumstance, the Authority shall
engage in the collection and disposal of garbage and refuse at and through the Facilities , and that
the Authority shall be authorized to engage in or provide for commercial and/or residential
garbage and refuse collection activities or services.
Authority shall also be authorized to engage in recycling activities with regard to
Acceptable Waste for which Authority has accepted title in accordance with Section 4.5 of this
Agreement, provided, however, that Authority shall not require any specific recycling
methodology, goals, limits or standards for a User without such User's consent and provided
further that Authority shall not in any manner subsidize any User's recycling program except for
incentive programs to encourage recycling that benefits all Users proportionately on the basis of
population.
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ARTICLE III
FACILITY CONSTRUCTION AND OPERATION
Section 3.1. Facility Construction and Operation.
(a) Subject to the provisions of this Section, Authority agrees that it will construct
and equip the Facilities. Authority further agrees to use its best efforts to obtain the necessary
permits and approvals required under Applicable Law to construct and equip the Facilities as
described.
(b) Authority shall construct and maintain at its expense any facilities, improvements,
and buildings necessary for the operation of the Facilities and shall furnish all labor, tools, and
equipment necessary to operate the Facilities, in accordance with Applicable Law.
Section 3.2. Use of Facilities. The Authority and the Users covenant and agree that,
except as provided in section 4.4.1 Emergency Temporary Use of Authority's Facilities, below,
the Facilities provided for herein may only be utilized by the Users, the Designated Haulers, and
the Private Haulers, Contract Municipal Customers, and properly authorized persons and entities
disposing of Acceptable Waste generated within their respective jurisdictions. The Authority and
Users further covenant and agree that, except as provided in section 4.4.1 Emergency Temporary
Use of Authority's Facilities, below, any Facility shall not be utilized by any other person or
entity without the express prior consent of the Authority and the governing body of the User
where the Facility is located.
Use and operation of the Landfill shall be subject to and in compliance with the terms
and conditions in the special use permit provided pursuant to Roanoke County Item 62789-10,
and Resolution 62789-12, each dated June 27, 1989. Use and operation of the Roanoke Transfer
Station shall be subject to and in compliance with the terms and conditions in the Solid Waste
Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June
5, 1991, all as amended from time to time.
ARTICLE IV
OBLIGATIONS RELATING TO DELIVERY AND
ACCEPTANCE OF WASTE; OPERATING PROCEDURES
Section 4.1. Delivery and Acceptance.
(a) Throughout the term of this Agreement, Authority agrees to accept and dispose of
Acceptable Waste delivered by or on behalf of the Users in accordance with the terms of this
Agreement and agrees to do so at and through the Facilities unless an Uncontrollable
Circumstance renders all or a portion of the Facilities inoperable. In such case the Authority may
and is authorized to provide by separate agreement between the Authority and any local
government owned and operated solid waste disposal or transfer facility located within sixty (60)
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{00150609.DOCX } 9
miles of the Facilities, for the reciprocal, emergency, temporary disposal of all or part of the
Authority’s Acceptable Waste at said local government’s solid waste disposal facility/facilities.
The Authority further agrees to use its best efforts to operate the Facilities as economically as
possible and to maintain a competitive Tipping Fee structure to encourage use of the Facilities by
Private Haulers and Contract Municipal Customers.
(b) Each User shall have the right to deliver, or cause to be delivered, to the Facilities
all Acceptable Waste generated within its political jurisdiction. Except in the case of an
Uncontrollable Circumstance, each User, that is party hereto, further agrees to deliver, or cause
to be delivered, to the Facilities, all Acceptable Waste, except Recycled Waste, which is
generated or collected by the User, collected by a Designated Hauler, or collected by any other
waste hauler who collects Acceptable Waste on behalf of the User, and each User agrees to do so
to provide a constant revenue stream to the Authority in recognition of the fact that Private
Haulers have no legal obligation to use the Facilities.
Section 4.2. Operating Rules. The Authority shall promulgate specific rules and
procedures for the use and operation of the Facilities, which shall be deemed a part of this
Agreement following notice to the Users of such rules. The rules and procedures may be
modified by Authority from time to time upon notice to the Users from Authority. A copy of
such operating rules shall be available at the Facilities upon request. The parties agree to be
bound to such rules and procedures in all respects. The rules may include fines for attempts to
dispose of Unacceptable Waste in the Facilities and procedures for banning Designated Haulers
and any other persons who violate the rules. Authority and Users agree that such rules and
procedures shall not be inconsistent with this Agreement. In the event of a conflict between such
rules and procedures and this Agreement or the Articles of Incorporation, this Agreement or the
Articles of Incorporation shall prevail.
Section 4.3. Voting Representation. Notwithstanding any contrary provision in the
Articles of Incorporation, Bylaws, or this Agreement, Authority, the Charter Member Users, and
Salem covenant and agree that the initial voting representation on the Authority shall consist of 5
representatives from the County, 2 representatives from the City of Roanoke, 1 representative
from the Town, and 1 representative from the City of Salem and that neither of the following
actions shall be taken or permitted to occur by the Authority without the express consent of
Roanoke County and the City of Roanoke, as expressed by the affirmative vote of all Roanoke
County and City of Roanoke representatives on the Authority:
(1) Any change in the terms or conditions of design or operation of the Roanoke
Transfer Station located in the city as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer
Facility Operating Criteria, dated May 21, 1991, as approved by the City
Planning Commission on June 5, 1991, and the Part A and Part B applications
for the Roanoke Transfer Station as approved by the Commonwealth of
Virginia, or any expansion or modification of the Transfer Station; or,
(2) Any change in the terms or conditions of design or operation of the Landfill
located in the County of Roanoke as set forth in the special use permit approved
{00150609.DOCX }
pursuant to Roanoke County item 62789-10, and Resolution 62789-12, each dated
June 27, 1989, and the Part A and Part B applications for the Landfill as approved
by the Commonwealth of Virginia, or any expansion or modification of the
Landfill.
Section 4.4. New Members. Because the Landfill is a scarce and valuable resource and
because all Users have a common interest in insuring that the Landfill is utilized only for the
proper disposal of Acceptable Waste and because Authority and Users desire to make the best
possible and most efficient use of the Landfill, Users and Authority covenant and agree as
follows:
(1) No person or entity shall be permitted to utilize the Facilities except pursuant to
the general terms and conditions of this Agreement;
(2) Except as provided in Section 4.4.1 Emergency Temporary Use of Authority' s
Facilities, below, only Users, Designated Haulers, and Private Haulers, disposing
of Acceptable Waste generated within the Users’ jurisdictions, and Contract
Municipal Customers shall be permitted to utilize the Facilities;
(3) Additional Users may join the Authority by a simple majority vote of the
Authority and compliance with Applicable Law, provided that the following
conditions have been met:
(a) The additional volume of Acceptable Waste that would be disposed of at the
Landfill as a result of such proposed new User's joining is not projected to
cause the total aggregate amount from all User jurisdictions and Contract
Municipal Customers to exceed the Maximum Annual Tonnage.
(b) The proposed new User jurisdiction shall be responsible for all the costs and
expenses of such waste stream as determined to be necessary by Authority.
(c) Each New Member joining the Authority will be entitled to one voting
representative on the Authority and Roanoke County shall be entitled to one
additional voting representative for each such New Member joining the
Authority, as necessary, to maintain its majority.
(d) The proposed new User shall execute and deliver an agreement substantially
similar to this Agreement as required by the Authority.
(e) As applicable to the City of Salem becoming a New Member and upon
issuance by the State Corporation Commission of a Certificate of Joinder
and/or Restatement:
(i.) Subject to the items in (ii) below, the Authority will pay the City
of Salem the total sum of One Million, Seven Hundred and Eighty-
One Thousand, Four Hundred and Seventy-Three and 22/100
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{00150609.DOCX } 11
Dollars ($1,781,473.22), which is the amount Salem has identified
as necessary to retire any and all outstanding debt owed on the City
of Salem’s existing transfer station;
(ii.) The City of Salem will convey good and marketable title of the
City of Salem’s existing transfer station and all related existing
equipment, real property, and existing site work as is, as described
in Exhibit “B” , such that said transfer station becomes a Facility,
and such real property is not subject to any material environmental
issues as determined by the Authority.
Section 4.4.1 Reciprocal Emergency Temporary Use of Authority's Facilities. The
Authority hereby allows for the reciprocal, emergency, temporary use of the Transfer Station for
the disposal at the Landfill of only Acceptable Waste which originates within the Reciprocating
Local Government Entity’s jurisdiction, subject to and upon the following terms and conditions:
(1) Authority and the Reciprocating Local Government Entity shall enter into
an appropriate reciprocal agreement in form approved by the Authority for the temporary
emergency use of each other's waste disposal facilities. Prior to any delivery of waste by the
Reciprocating Local Government Entity at the Transfer Station, the Reciprocating Local
Government Entity shall provide advance written notice to the Authority's Chief Executive
Officer of (i) the nature of the emergency; (ii) the estimated duration of the emergency use; and,
(iii) the estimated daily amount of municipal solid waste requested to be delivered for disposal.
(2) Such use shall be subject to prior written approval of the Authority's Chief
Executive Officer and the Reciprocating Local Government Entity’s compliance with all
Applicable Laws, rules, regulations, and procedures, including, without limitation, the
Authority's Operating Rules, regulations and procedures.
(3) The fees and charges applicable to such use shall be as established by the
Authority from time to time.
(4) Under no circumstances shall the Authority accept or be deemed to have
accepted for disposal or title to any Hazardous Waste or Unacceptable Waste.
(5) The Reciprocating Local Government Entity shall be responsible for and
shall pay any and all claims, suits, damages, fines, penalties, loss, or liability, including any
required cleanup or remediation, for damage to property, death or personal injury of any kind
resulting from or arising out of: (i) the operation or presence on Authority premises by the
Reciprocating Local Government Entity, its employees, agents, and contractors; (ii) the delivery
to the Facilities or handling of Hazardous Waste or Unacceptable Waste; or, (iii) any violation
of any law, rule, regulation, or procedure.
Section 4.5. Title to Acceptable Waste. Upon Authority's acceptance of any
Acceptable Waste, Authority shall receive title to such Acceptable Waste. Authority may, at its
sole election, take title to Acceptable Waste at an earlier time if it notifies the affected User of
{00150609.DOCX }
the exercise of such election. Authority shall never be deemed to have title to Unacceptable
Waste unless it specifically represents that it is aware the waste is Unacceptable Waste and it is
specifically taking title to the same. Inoperability of Authority's scales shall not affect the
transfer of title. In the event of any dispute regarding transfer of title, the affected User shall join
with Authority in defense of such title.
Section 4.6. Disposal of Unacceptable Waste. Authority shall notify any person
delivering waste found before discharge into any Facility to contain Unacceptable Waste that the
waste cannot be disposed at the Facility. If Unacceptable Waste is disposed of by or on behalf of
any User, and time and operations permit, Authority shall notify such User and such User shall
promptly cause the Unacceptable Waste to be removed from the Facility and disposed of in
accordance with Applicable Laws. In the event time and operations do not permit such notice or
such User does not promptly remove the Unacceptable Waste, Authority may, at its option, cause
the same to be removed, and disposed of in accordance with Applicable Law and such User shall
be liable for the costs thereof. The affected User shall reimburse Authority for the actual costs,
expenses, fines, penalties and liability resulting from the deposit of such Unacceptable Waste
identified to have been disposed of by such User in the Facility, and, upon submission of
satisfactory evidence of such costs, shall pay all such costs within 45 days of an invoice therefor;
provided that the Authority shall not pay or agree to pay any fine or penalty, or acknowledge any
liability unless the affected User is given an opportunity to participate and defend any such
action seeking to impose a fine, penalty, or liability.
Section 4.7. Household Hazardous Waste Collection Facility. Notwithstanding any other
provision of this Agreement, the Authority shall be authorized to operate a household hazardous
waste collection facility and operation at Transfer Station site(s) for the on-going collection,
storage, and off-site disposal of household hazardous waste originating from the residential
households located within the Users’ jurisdictions, or Contract Municipal Customer’s
jurisdiction if Authorized by the Authority. Such household hazardous waste facility and all
related activities, including, without limitation, the collection, storage, and transportation and
off-site disposal of household hazardous waste, shall be in compliance with all applicable local,
state and federal rules, laws, and regulations.
ARTICLE V
TIPPING FEES; OTHER CHARGES
Section 5.1. Tipping Fees. Authority shall charge Tipping Fees for Acceptable Waste
delivered to the Facilities and accepted by Authority for disposal. The Tipping Fees shall be
established and adjusted from time to time in accordance with the requirements of the Act and
any Indenture. Subject to the terms and conditions of this Agreement, Authority and Users
recognize and agree that there may be numerous separate classes of users of the Facilities
including (1)Users, (2)Contract Municipal Customers, (3) Designated Haulers, and (4) various
categories of Private Haulers with different Tipping Fees for each class. Because the Landfill is a
scarce and valuable resource, and Users and Authority intend to preserve its use to the maximum
degree possible, Authority may establish different Tipping Fees for entities other than the Users
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{00150609.DOCX } 13
who use the Facilities. Users shall be liable for any Tipping Fees payable by their respective
Designated Haulers.
Section 5.2. Payments; Liability of Users.
(a) All amounts payable hereunder shall be invoiced on a monthly basis
unless otherwise indicated. Amounts invoiced shall be due 20 days after the date of receipt of
the invoice. Each invoice shall list all deliveries made during the applicable period and all
information on the related weight records.
(b) Authority may maintain separate records for the amounts payable by
each person and entity under this Agreement.
Section 5.3. Payment for Out-of-Hours Deliveries. Authority may charge such amounts
as it deems appropriate for deliveries at times other than the Facility's normal hours of operation.
Section 5.4. Late Payment. Any amount payable under this Agreement by Users,
Designated Haulers, Private Haulers, or Commercial Contract Customers that is not paid when
due in accordance with this Agreement shall bear interest compounded monthly at the lesser of -
(i) 21% or (ii) the highest rate allowed by law.
Section 5.5. Tipping Fee Adjustment. Until the resolution of any disagreement about
any Tipping Fee adjustment, Users shall pay the Authority's proposed adjustment. Authority
shall, immediately after the resolution, reimburse User and Designated Haulers for the
aggregate amount of any overpayment, if any, occurring as a result of the subject matter of the
disagreement.
Section 5.6. Relative Charges. The Authority and Users covenant and agree that Users
shall be charged the same Tipping Fees for use of the Facilities. Subject to the foregoing, Users
shall pay to Authority the Tipping Fees set forth in the fee schedule adopted by Authority in
accordance with the Act and this Agreement. The Authority may establish fees for special wastes
as defined by the rules and procedures promulgated by the Authority pursuant to section 4.2,
tires for Private Haulers, and for individuals delivering household waste in privately owned
automobiles and pick-up trucks as it deems appropriate.
Section 5.7. Obligation to Pay Pro Rata Share.
(a) Subject to the terms and conditions of this Agreement, each User shall pay to the
Authority or such other person as the Authority may designate its Pro Rata Share of any
Annual Deficit not less than thirty (30) days after receipt of written request therefor from the
Authority. The Authority shall compute each year’s Pro Rata Share in accordance with this
Section and send notice to each User of its Pro Rata Share within thirty days after the close of
each Fiscal Year. Each Pro Rata Share shall be the proportionate obligation of each User to
pay the Annual Deficit computed on a pro rata basis based on the percentage the User's
population', as of the close of the preceding Fiscal Year as projected by the Center for Public
Service at the University of Virginia, bears to the total population of all Users which are then
{00150609.DOCX }
subject to payment of a Pro Rata Share. The initial Pro Rata Share of each User shall be based
on the following percentages:
Roanoke County 41.70%
City of Roanoke 43.50%
Town of Vinton 3.59%
City of Salem 11.21%
(b) The obligation of each User to make payments of its Pro Rata Share under this
Section shall be subject to and contingent upon the provisions of Section 5.9 and appropriations
being made for such purpose by the governing body of the User. Nothing in this Section or this
Agreement shall constitute a pledge of the full faith and credit of any User under any provisions
of its charter or the Constitution of Virginia or a bond or debt of any User within the meaning of
any provision of the Constitution of Virginia or such User's charter. Subject to the provisions of
this Agreement, the obligations of each User to make payments under this Section and to observe
and perform all other covenants and agreements under this Agreement are unconditional,
irrespective of any rights of set-off, recoupment, or counterclaim that any User may have, jointly
or individually, against the Authority.
(c) At the option of any User, such User may terminate its obligation to make
payments of it Pro Rata Share, but only if the annual reports required by Section 5.8 shall show
that:
(i) no Annual Deficit has occurred for the five
preceding Fiscal Years; and
(ii) Operating Revenues have been equal to at least
110% of Operating Costs for the two preceding
Fiscal Years.
Section 5.8. Books and Records. The Authority shall maintain all books, records and
accounts necessary to record all matters affecting the Tipping Fees or other amounts payable by
or to Users and the Authority under this Agreement. All such books, records and accounts shall
be maintained in accordance with generally accepted accounting principles, shall accurately,
fairly and in reasonable detail reflect all Authority's dealings and transactions under this
Agreement and shall be sufficient to enable those dealings and transactions to be audited in
accordance with generally accepted accounting principles. Within one hundred twenty (120)
days after the close of each Fiscal Year, the Authority shall deliver to each User an annual report
accompanied by a certificate of an independent certified public accountant, including, among
other things, a statement of the financial position of the Authority at the end of such Fiscal Year,
a statement of Operating Revenues and Operating Costs under this Agreement, and the amount,
if any, of the Annual Deficit. All such books, records and accounts shall be available for
inspection and photocopying by any User on reasonable notice so that it can verify Tipping Fees
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{00150609.DOCX } 15
or other amounts payable under this Agreement. All such books, records and accounts shall be
kept by the Authority for at least six years (or any longer period required by Applicable Law).
Section 5.9. Annual Budget. The Authority shall provide to the Users for approval,
on or before each April 1, its Annual Budget for the upcoming year. The Authority shall also
provide to the Users for approval in advance any amendment of any kind to the Annual Budget.
The Annual Budget shall set forth (i) the budgeted Operating Costs for such Fiscal Year,
itemizing each category of expenditure, including the amount of Debt Service Payments coming
due in the next Fiscal Year, if applicable; and, (ii) the budgeted Operating Revenues for such
Fiscal Year; and (iii) the budgeted Tipping Fees necessary to balance the Annual Budget. The
Authority shall also provide Operating Costs and Operating Revenues for the then current
Fiscal Year. The Annual Budget for an upcoming Fiscal Year and any amendments thereto shall
not be effective and no expenditures shall be made by Authority under the proposed Annual
Budget unless and until such Annual Budget and any amendments have been approved by the
governing bodies of Users, such approval not to be unreasonably withheld. The Authority shall
continue operating within the expenditure levels approved under the Annual Budget for the
immediately preceding Fiscal Year, excluding any Capital Expenditures, until such time as a
new Annual Budget is approved.
ARTICLE VI
DEFAULT AND TERMINATION
Section 6.1. Remedies for Default.
(a) In the event of the breach by any party of an obligation under this Agreement,
the right to recover damages or to be reimbursed will ordinarily constitute an adequate remedy.
The parties hereto agree that as long as any Bonds remain unpaid or their payment has not been
provided for in accordance with the Indenture, no party may terminate its obligations under this
Agreement.
(b) The Authority may refuse to accept any Acceptable Waste that is collected by
a User if such User fails to pay any amount due hereunder until the amount and any late
payment interest on it have been paid if the Authority has mailed a written notice of the failure
to pay the amount due under this Agreement to such User at the address to which invoices are
sent by certified mail accompanied by a copy of the invoice for the unpaid amount.
(c) The parties hereto acknowledge that, in the event of any Event of Default the
non-defaulting party shall be entitled to recover, to the extent proven, all of their respective
damages, including incidental and consequential damages, caused by such Event of Default.
The parties hereto agree that damages for any such Event of Default may include, without
limitation: (i) amounts payable under this Agreement (including, without limitation, Tipping
Fees); (ii) lost revenues and damages under any contract unable to be performed or realized, in
whole or in part, by reason of such Event of Default; (iii) accelerated amounts if required under
any contract or agreement as a result of an Event of Default specified in Section 6.3(a); (iv)
interest from the date of payment on any amounts borrowed or required to be advanced in
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connection with such Event of Default, including interest on amounts paid to mitigate damages
or prevent a default from arising under any agreement relating to the Facilities or its operations;
(v) increased Operating Costs, and (vi) reimbursement for all reasonable expenses and costs,
including the fees and expenses of its counsel, incurred in connection with any proceeding
brought to recover such damages or to enforce the provisions of this Agreement. To the extent
permitted by Applicable Law, the parties hereto hereby waive the right to trial by jury in any
action or proceeding brought to enforce, construe or recover damages for any breach of this
Agreement.
Section 6.2. Events of Default by Authority. The following shall constitute an Event
of Default by the Authority (“Authority Default”):
The Authority's persistent or repeated failure or refusal substantially to fulfill any of its
material obligations to any User in accordance with this Agreement unless such failure or refusal
shall be excused or justified by an Uncontrollable Circumstance or a default by a User
hereunder; provided, however, that no such failure or refusal shall constitute an Authority
Default unless and until:
(i) Such User has given written notice to Authority stating that in its opinion
a particular default or defaults (described in reasonable detail in such notice) exist
that will, unless corrected, constitute a material breach of this Agreement by the
Authority and that will in its opinion give User a right to reimbursement or to
recover damages under this Agreement, or after all Bonds have been paid or their
payment provided for, a right to terminate its obligations hereunder, unless such
default is corrected within a reasonable period of time, and
(ii) Authority has neither corrected such default nor initiated reasonable steps
to correct it within a reasonable period of time (which shall in any event be not
less than thirty days from the date of receipt of the notice given pursuant to clause
(i) of this Section); provided that if the Authority has commenced to take
reasonable steps to correct such default within such reasonable period of time, it
shall not constitute an Authority Event of Default for as long as the Authority is
continuing to take reasonable steps to correct it; or
Section 6.3. Events of Default by Users. Each of the following shall constitute an
Event of Default by a User (“User Default”):
(a) The failure by a User to pay any amount under this Agreement within 60 days after
receipt of written invoice therefor; or,
(b) The failure or refusal by a User to fulfill any of its obligations to Authority in
accordance with this Agreement unless such failure or refusal is excused or justified by an
Uncontrollable Circumstance; provided that no such failure or refusal shall constitute an Event of
Default unless and until
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{00150609.DOCX } 17
(i) Authority has given prior written notice to such User stating that in its
opinion a particular default or defaults (described in reasonable detail in such notice)
exist which will, unless corrected, constitute a material breach of this Agreement on the
part of the User and which will in its opinion give Authority a right to reimbursement,
recover damages or refuse service under this Agreement for cause under this Section
unless such default is corrected within a reasonable period of time, and
(ii) Such User has neither corrected such default nor initiated reasonable steps
to correct it within a reasonable period of time (which in any event shall not be less than
five days from the date of the notice given pursuant to clause (i) of this Section);
provided that if User has commenced to take reasonable steps to correct such default
within such reasonable period of time, it shall not constitute an Event of Default for as
long as User is continuing to take reasonable steps to correct it, unless such default
creates an emergency situation which may endanger public health or safety, threaten the
environment or endanger the continued operation of any Facility, in which case an Event
of Default shall be deemed to have occurred if such default is not corrected within ten
days or less.
Section 6.4. Termination on Default. After all Bonds have been paid or their payment
provided for and they are no longer considered outstanding under any applicable Indenture, any
User, after giving written notice to all parties, may terminate this Agreement with respect to
itself upon the occurrence of an Authority Default to the extent permitted by Applicable Law.
The termination of this Agreement by any User shall not terminate this Agreement as to any
other User. The proper exercise of the right of termination shall be in addition to and not in
substitution for, such other remedies, whether damages or otherwise, of the party exercising the
right of termination.
Subject to the terms and conditions of this Agreement, if any User fails to pay its Tipping
Fees or its Pro Rata Share after appropriations therefore have been made, such User shall remain
liable for such amounts and shall continue to be bound by this Agreement.
Section 6.5. Survival of Certain Rights and Obligations. This Agreement shall remain
in full force and effect as long as any Bonds remain unpaid or their payment has not been
provided for under any applicable Indenture. Thereafter, this Agreement may be terminated, but
no termination of this Agreement shall limit or otherwise affect the rights and obligations of any
party that have accrued before the date of such termination. Additionally, all obligations of
Users with regard to any Unacceptable Wastes shall survive the termination of this Agreement.
Section 6.6. Resolution of Disputes. The parties agree that should any question arise
between the Authority and a User who is a signatory to this Agreement relative to either
engineering or accounting, it shall be resolved as follows:
(a) If as to engineering, then by a majority of a committee of three composed of an
engineer appointed by the Authority, an engineer appointed by the User affected, and an
independent engineer, to be chosen by the foregoing two; provided, however, should the first two
appointees not be able to select the third appointee within thirty (30) days following the date of
{00150609.DOCX }
appointment of the last of the first two appointees, then and in that event, application for
appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial
Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator.
(b) If as to accounting, then by a majority of a committee of three composed of the
Chief Financial Officer of the affected User, the Authority's chief financial officer, and an
independent certified public accountant, to be chosen by the foregoing two; provided, however
should the first two appointees not be able to select the third appointee within thirty (30) days
following the date of appointment of the last of the first two appointees, then application for
appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial
Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator.
(c) In either case, the charge of the independent individual shall be borne equally by
the affected User and the Authority.
ARTICLE VII
MISCELLANEOUS
Section 7.1. Host Community Fees. The Authority covenants and agrees to pay to each
User hosting the Landfill, the amount of $350,000 annually, for as long as the Landfill remains
operational, and to each User hosting a Transfer Station, the amount of $150,000 annually, for as
long as such Transfer Station remains operational. Any Charter Member User not hosting a
Facility shall be paid a Host Community Fee annually in the amount of $5,000, for as long as
they are a User, for their continued long-term support of the Facilities. Host Community Fees
will be paid within 30 days after the close of each Fiscal Year in consideration of the location of
the Facility in their respective jurisdiction or as otherwise provided herein.
Section 7.2. Extent of Agreement; Modification. This Agreement represents the entire
and integrated agreement between the Users and Authority and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by a
written agreement signed by Users, and Authority. Authority and Users expressly covenant and
agree that this Agreement shall not be changed or amended in any manner and the Authority
shall not be dissolved or any User permitted to withdraw, except as provided in Section 6.4,
without the written consent of the governing bodies of the Users.
Section 7.3. Assignment. No assignment of this Agreement, or any right occurring
under this Agreement, shall be made in whole or part by any User without Authority's express
written consent. Users shall not resell to any entity the right to dispose of Acceptable Waste at
the Facilities, either directly through a User or indirectly through a Designated Hauler, for an
amount greater than is paid by such User to Authority for such disposal by User (whether such
charge is direct or additive), without the express written consent of Authority, which consent
may be withheld by Authority at its sole discretion.
Section 7.4. Partnership. Nothing herein shall be construed to constitute a joint venture
between Authority and any User or the formation of a partnership.
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{00150609.DOCX } 19
Section 7.5. Authority as Successor to Roanoke County Resource Authority. The
parties hereto agree and covenant that the Authority is the successor to the Roanoke County
Resource Authority.
Section 7.6. Severability of Invalid Provisions. If any clause, provision or section of
this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision
or section will not affect any of the remaining clauses, provisions or sections, and this
Agreement will be construed and enforced as if the illegal or invalid clause, provision or section
had not been contained in it.
Section 7.7. Notices. All notices, certificates, requests or other communications under
this Agreement must be in writing and will be deemed given, unless otherwise required, when
mailed by first-class mail, postage prepaid, to the addresses set forth below:
If to the Authority: 1020 Hollins Rd., N.E.
Roanoke, Virginia 24012
Attention: Chair, RVRA Board of Directors
If to the City of Roanoke: 215 Church Avenue, S.W., Room 364
Municipal Building
Roanoke, Virginia 24011
Attention: City Manager
If to the County of Roanoke: P.O. Box 29800
Roanoke, Virginia 24018-0798
Attention: County Administrator
If to the Town of Vinton: P.O. Box 338
Vinton, Virginia 24179
Attention: Town Manager
If to the City of Salem: 114 North Broad St.
P.O. Box 869
Salem, Virginia 24153
Attention: City Manager
The parties may by notice given under this Section, designate such other addresses as they may
deem appropriate for the receipt of notices under this Agreement. If, by reason of the suspension
of or irregularities in regular mail service, it is impractical to mail notice of any event when
notice is required to be given, then any manner of giving notice which is satisfactory to the
intended recipient will be deemed to be sufficient .
Section 7.8. Litigation. The Authority is not a party to any legal, administrative,
arbitration or other proceeding or controversy pending, or, to the best of the Authority's
knowledge, threatened, which would materially adversely affect the Authority's ability to
{00150609.DOCX }
perform under this Agreement. Each User represents as to itself that it is not a party to any legal,
administrative, arbitration, or other proceeding or controversy pending, or, to the best of its
knowledge, threatened, which would materially and adversely affect its ability to perform under
this Agreement.
Section 7.9. Further Documents and Data. The parties to this Agreement will execute
and deliver all documents and perform all further acts that may be reasonably necessary to
perform the obligations and consummate the transactions contemplated by this Agreement.
Section 7.10. Counterparts. This Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, will be an original, and the
counterparts taken together will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have each caused this Agreement to be signed as
of the date above written.
AUTHORITY:
ROANOKE VALLEY RESOURCE AUTHORITY ATTEST:
By: __________________________________ By: _________________________
Its: __________________________________ Title: ________________________
APPROVED TO FORM:
________________________________
Roanoke Valley Resource Authority Attorney
USERS:
COUNTY OF ROANOKE, VIRGINIA
By: __________________________________ By: _________________________
Its: __________________________________ Title: ________________________
APPROVED TO FORM:
________________________________
Roanoke County Attorney
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{00150609.DOCX } 21
CITY OF ROANOKE, VIRGINIA
By: __________________________________ By: _________________________
Its: __________________________________ Title: ________________________
APPROVED TO FORM:
________________________________
Roanoke City Attorney
TOWN OF VINTON, VIRGINIA
By: __________________________________ By: _________________________
Its: __________________________________ Title: ________________________
APPROVED TO FORM:
________________________________
Vinton Town Attorney
CITY OF SALEM, VIRGINIA
By: __________________________________ By: _________________________
Its: __________________________________ Title: ________________________
APPROVED TO FORM:
________________________________
Salem City Attorney
{00150609.DOCX }
Exhibit “A”
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton,
the City Council of the City of Roanoke, and the City Council of the City of Salem have by
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities
Act, Chapter 28, Title 15.2, sections 15.2-5100, et seq. of the Code of Virginia (1950), as
amended, (“Act”):
(1) The name of the Authority shall be the Roanoke Valley Resource Authority and
the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of
Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that
these Amended and Restated Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the incorporating
political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer
050916
Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet
{00150609.DOCX } 23
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning
Commission on June 5, 1991, and the Part A and Part B applications for the Transfer
Station as approved by the Commonwealth of Virginia, or use by any persons or entities
other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or
any other local government entity, located wholly or partially within a sixty (60) mile
radius of the Authority’s property and under contractual obligation with the Authority to
bring acceptable waste generated within said local government entity’s jurisdiction to an
Authority facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit and the Landfill
Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12,
each dated June 27, 1989, and the Part A and Part B applications for the Landfill as
approved by the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable resources,
and because the participating political subdivisions have a common interest in insuring
that the Landfill is used in the best possible and most efficient manner, the participating
political subdivisions agree that Authority membership and operation and use of the
Transfer Station and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement (“Use Agreement”), dated as of July 1, 2016, and as such Use Agreement
may be further amended from time to time.
{00150609.DOCX }
(3) The names, addresses, and initial terms of office of the members of the Board of
the Roanoke Valley Resource Authority (“Authority”) are as follows:
Name Address Term Expires
1. Anne-Marie Green Roanoke County 12/31/2019
1216 Kessler Mill Road
Salem, Virginia
(Roanoke County)
2. Rebecca Owens Roanoke County 12/31/2018
P.O. Box 29800
Roanoke, Virginia 24018
(Roanoke County)
3. Keith Garman 8538 Bradshaw Road 12/31/2017
Salem, Virginia
(Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive 12/31/2017
Salem, Virginia 24153
(Roanoke County)
5. Thomas C. Gates 5204 Bernard Drive 12/31/2019
Roanoke, Virginia 24018
(Roanoke County)
6. Michael Shockley City of Roanoke 12/31/2018
215 Church Avenue, SW
Room 354
Roanoke, Virginia 24011
(Roanoke City)
7. Robert “Bobby” Edwards 3045 Poplar Lane 12/31/2019
Roanoke, Virginia 24014
(Roanoke City)
8. Joey Hiner Town of Vinton 12/31/2019
311 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
9. Norman Michael Tyler* 114 N. Broad Street 12/31/2019
Salem, Virginia 24153
(City of Salem)
050916
Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet
{00150609.DOCX } 25
*The appointments for the 5th member position by Roanoke County and of Mr. Taylor by
the City of Salem have not been determined as of the date of the advertisement of the
public hearing on this resolution and these Articles will be conformed to the
appointments made prior to the filing of these Articles with the State Corporation
Commission in June 2016. All terms will end on December 31 in the last year of the
appointed terms. This note will be removed from these Articles when they are filed with
the State Corporation Commission.
The terms of office of each of the members shall become effective on the date of issuance
of a certificate of joinder for the Authority by the State Corporation Commission in accordance
with Section 15.2-5112 of the Act and shall expire on the date indicated above. Upon expiration
of the foregoing terms, the governing body of each participating political subdivision shall
appoint the number of members, who may be members of the governing body, set forth opposite
its name below:
County of Roanoke – five
City of Roanoke – two
Town of Vinton – one
City of Salem – one
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision
shall join the Authority, the governing body of the County of Roanoke shall be entitled to
appoint one or more additional members in order to maintain such majority. After expiration of
the terms set forth above, each member shall be appointed for a four-year term or until his
successor is appointed and qualified. Any additional members appointed by the County of
{00150609.DOCX }
Roanoke to maintain its majority shall also be appointed for four-year terms. The governing
body of each political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of the
removed member’s term. Each member may be reimbursed by the Authority for the amount of
actual expenses incurred by him or her in the performance of his or her duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage
and refuse collection and disposal system and related facilities pursuant to the Act. For purposes
of these Articles, and any contracts or documents entered into on behalf of the Authority,
“garbage and refuse collection and disposal system and related facilities” shall mean the
collection and disposal of garbage and refuse at and through one or more transfer facilities
owned and operated by the Authority and the associated landfill or disposal operations and
including the authority to engage in or provide for residential and/or commercial garbage and
refuse collection services. The Authority shall contract with the County of Roanoke, the City of
Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and
disposal services upon identical terms and conditions including the same schedule of service
rates, fees, and charges of all types which shall be uniformly applicable to all such political
subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other
political subdivisions to furnish garbage and trash disposal services upon such terms as the
Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate
such localities in consideration of location of facilities within their communities and\or for their
support of the Authority. It is not practicable to set forth herein information regarding
050916
Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet
{00150609.DOCX } 27
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a certified copy thereof to be filed promptly with the governing body of
each of the participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the
Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the
City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley
Resource Authority have caused these Amended and Restated Articles of Incorporation to be
executed in their respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and/or clerks of each.
By: _____________________________
Name: Anne Marie Green
Chair
By: ______________________________
Name: David A. Bowers
Mayor
{00150609.DOCX }
Attest: ___________________(SEAL)
Peggy Bishop , Secretary Stephanie M. Moon Reynolds, City Clerk
By: ___________________________
Name: P. Jason Peters
Chairman, Board of Supervisors
By: _______________________________
Name: Byron R. Foley
Mayor
Deborah C. Jacks, Chief Deputy Clerk
James E. Taliferro, Clerk of Council
By: __________________________________
Name: Bradley E. Grose, Mayor
Susan N. Johnson, Town Clerk
[End of Form of Articles]
050916
Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet
{00150609.DOCX } 29
[insert spreadsheet Exhibit “B”]
Asset # Item Serial # Capitalization
Date
Stationary Equipment
2973 Compactor No. 1 153060 1/31/2007
2982 Compactor No. 2 153061 1/31/2007
2975 40' 60‐Ton Flat Top Truck Scale 836040HD1 1/31/2007
2976 60' 100‐ton Flat Top Truck Scale 8410060HD 1/31/2007
2974 Compuweigh Sys. Software NA 1/31/2007
2963 Gateway E‐9515R Serve 36751391 7/6/2006
2915 Corrugated Cardboard Baler SE‐504842‐830 3/23/2006
Subtotal
Rolling Equipment
08‐07005 1989 John Deere 544 Wheel Loade DW544ED525242 7/29/2008
2966 1989 John Deere 544 Wheel Loade DW544EB517602 7/17/2006
2878 2006 Ottowa 30 Commando Switch Truck 314679 9/8/2006
2419 1999 Chev. K1500 Pickup Truc 1GCEK14V9XZ112863 12/3/1998
2140 2003 863G Bobcat Skid Steer Loade 514451115 1/1/1999
2703 1991 Mazda B26001 Pickup Truck JM2UF4143M0115203 8/29/1994
2964 2007 Bobcat S220K Skid Steer Loader w/60" Bucket 530712472 9/11/2006
2965 2007 Bobcat S220K Skid Steer Loader w/72" Sweepe 530712488 9/11/2006
15‐10001 1993 Ottowa YT30 Shuttle Truck 4484800968767 10/15/2015
Subtotal
39‐L001 Land ‐ approx. 5 acres 6/30/1977
Note: Salem to retain out‐parcel across the street; the
total acreage subject to final survey
Buildings and Site Work
39‐B002 Windows & Doors 1/31/2007
39‐B003 Fence 1/31/2007
39‐B004 Parking Lots & Paving 1/31/2007
39‐B005 Plumbing 1/31/2007
39‐B006 Roofing 1/31/2007
39‐B007 Buildings 1/31/2007
39‐B008 Sprinkler System 1/31/2007
39‐I001 Water System 1/31/2007
39‐I002 Sanitary Sewer System 1/31/2007
39‐I003 Storm Drain 1/31/2007
39‐I004 Sidewalks 1/31/2007
39‐I005 Retaining Wall 1/31/2007
39‐I006 Landscaping 1/31/2007
Exhibit "B"
1
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JUNE 21, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
A RESOLUTION approving the reorganization and expansion of the Roanoke Valley
Resource Authority (“Authority”) by providing that the City of Salem, Virginia, join the
Authority, approving and authorizing the execution of Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority to accomplish such joinder; and
authorizing the appropriate public officials to take any actions and execute any documents
necessary to accomplish such matters, all in accordance with the provisions of the Code of
Virginia (1950), as amended.
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the
City of Salem, Virginia, have determined that it is in their best interests to authorize the City of
Salem to become a member of the existing Roanoke Valley Resource Authority, pursuant to the
provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, sections
15.2-5100, et seq. of the Code of Virginia (1950), as amended, (“Act”);
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the
City of Salem, Virginia do by concurrent resolutions provide for the joinder of the City of Salem
to the Roanoke Valley Resource Authority pursuant to Section 15.2-5112 of the Act;
WHEREAS, after proper advertisement, public hearings have been held in accordance
with the requirements of the Act; and
2
WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its
consent to the joining of the City of Salem to become a member of the existing Roanoke Valley
Resource Authority;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vinton,
Virginia, as follows:
1. Council hereby determines that it is in the best interest of the citizens of the Town
of Vinton, Virginia, that the City of Salem, Virginia, join and become a member of the Roanoke
Valley Resource Authority and hereby approves the terms of the Amended and Restated Articles
of Incorporation of the Roanoke Valley Resource Authority as contained in Section 6 of this
resolution.
2. Council hereby authorizes the Mayor and the Town Clerk to execute and attest or
witness, respectively, such Amended and Restated Articles of Incorporation of the Roanoke
Valley Resource Authority in a form substantially similar to those set forth in Section 6 below,
with such minor revisions and adjustments as the Mayor or the Town Manager shall approve.
3. Council hereby agrees that the Authority shall be reorganized and expanded in
accordance with the terms of the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority mentioned above upon the issuance of a Certificate of
Joinder and/or Restatement issued by the Virginia State Corporation Commission.
4. Council does hereby find as a matter of fact that inclusion in the Amended and
Restated Articles of Incorporation of the Roanoke Valley Resource Authority of preliminary
estimates of capital costs, proposals for any specific projects to be undertaken by the Authority,
and preliminary estimates of initial rates for services of such projects as certified by responsible
engineers is impractical.
3
5. As provided for in the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority, Council hereby appoints the following person to be the
Town of Vinton representative and that such person’s initial term will start on the date of
issuance by the Virginia State Corporation Commission of a Certificate of Joinder and/or
Restatement and expire on the date indicated next to their name.
Town of Vinton Appointee
TERM
311 S. Pollard St.
Upon expiration of the initial term of office, and any future term of office, the Council shall
appoint a person (who can be the same person whose term expired) to be a member of the Board
of the Authority for four (4) years from the date of the initial expiring term and any future
expiring term of office. The total number of members that the Town of Vinton, Virginia, will
have on the Board of the Authority will be one (1) member.
6. The Amended and Restated Articles of Incorporation of the Roanoke Valley
Authority are set forth below. They shall be deemed amended, restated, and effective upon the
date of issuance of a Certificate of Joinder and/or Restatement by the Virginia State Corporation
Commission as provided for in Virginia Code Section 15.2-5112.
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton,
the City Council of the City of Roanoke, and the City Council of the City of Salem have by
4
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities
Act, Chapter 28, Title 15.2, sections 15.2-5100, et seq. of the Code of Virginia (1950), as
amended, (“Act”):
(1) The name of the Authority shall be the Roanoke Valley Resource Authority and
the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of
Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that
these Amended and Restated Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the incorporating
political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning
Commission on June 5, 1991, and the Part A and Part B applications for the Transfer
Station as approved by the Commonwealth of Virginia, or use by any persons or entities
other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or
5
any other local government entity, located wholly or partially within a sixty (60) mile
radius of the Authority’s property and under contractual obligation with the Authority to
bring acceptable waste generated within said local government entity’s jurisdiction to an
Authority facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit and the Landfill
Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12,
each dated June 27, 1989, and the Part A and Part B applications for the Landfill as
approved by the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable resources,
and because the participating political subdivisions have a common interest in insuring
that the Landfill is used in the best possible and most efficient manner, the participating
political subdivisions agree that Authority membership and operation and use of the
Transfer Station and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement (“Use Agreement”), dated as of July 1, 2016, and as such Use Agreement
may be further amended from time to time.
(3) The names, addresses, and initial terms of office of the members of the Board of
the Roanoke Valley Resource Authority (“Authority”) are as follows:
Name Address Term Expires
1. Anne-Marie Green Roanoke County 12/31/2019
1216 Kessler Mill Road
Salem, Virginia
(Roanoke County)
6
2. Rebecca Owens Roanoke County 12/31/2018
P.O. Box 29800
Roanoke, Virginia 24018
(Roanoke County)
3. Keith Garman 8538 Bradshaw Road 12/31/2017
Salem, Virginia
(Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive 12/31/2017
Salem, Virginia 24153
(Roanoke County)
5. Thomas C. Gates 5204 Bernard Drive 12/31/2019
Roanoke, Virginia 24018
(Roanoke County)
6. Michael Shockley City of Roanoke 12/31/2018
215 Church Avenue, SW
Room 354
Roanoke, Virginia 24011
(Roanoke City)
7. Robert “Bobby” Edwards 3045 Poplar Lane 12/31/2019
Roanoke, Virginia 24014
(Roanoke City)
8. Joey Hiner Town of Vinton 12/31/2019
311 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
9. Norman Michael Tyler 114 N. Broad Street 12/31/2019
Salem, Virginia 24153
(City of Salem)
The terms of office of each of the members shall become effective on the date of issuance
of a certificate of joinder for the Authority by the State Corporation Commission in accordance
with Section 15.2-5112 of the Act and shall expire on the date indicated above. Upon expiration
of the foregoing terms, the governing body of each participating political subdivision shall
7
appoint the number of members, who may be members of the governing body, set forth opposite
its name below:
County of Roanoke – five
City of Roanoke – two
Town of Vinton – one
City of Salem – one
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision
shall join the Authority, the governing body of the County of Roanoke shall be entitled to
appoint one or more additional members in order to maintain such majority. After expiration of
the terms set forth above, each member shall be appointed for a four-year term or until his
successor is appointed and qualified. Any additional members appointed by the County of
Roanoke to maintain its majority shall also be appointed for four-year terms. The governing
body of each political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of the
removed member’s term. Each member may be reimbursed by the Authority for the amount of
actual expenses incurred by him or her in the performance of his or her duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage
and refuse collection and disposal system and related facilities pursuant to the Act. For purposes
of these Articles, and any contracts or documents entered into on behalf of the Authority,
“garbage and refuse collection and disposal system and related facilities” shall mean the
collection and disposal of garbage and refuse at and through one or more transfer facilities
owned and operated by the Authority and the associated landfill or disposal operations and
including the authority to engage in or provide for residential and/or commercial garbage and
8
refuse collection services. The Authority shall contract with the County of Roanoke, the City of
Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and
disposal services upon identical terms and conditions including the same schedule of service
rates, fees, and charges of all types which shall be uniformly applicable to all such political
subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other
political subdivisions to furnish garbage and trash disposal services upon such terms as the
Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate
such localities in consideration of location of facilities within their communities and\or for their
support of the Authority. It is not practicable to set forth herein information regarding
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a certified copy thereof to be filed promptly with the governing body of
each of the participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the
Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the
City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley
9
Resource Authority have caused these Amended and Restated Articles of Incorporation to be
executed in their respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and/or clerks of each.
By: _____________________________
Name: Anne Marie Green
Chair
By: ______________________________
Name: David A. Bowers
Mayor
ROANOKE COUNTY, VIRGINIA CITY OF SALEM, VIRGINIA
By: ________________________________
Name: P. Jason Peters
Chair, Board of Supervisors
By: _______________________________
Name: Byron Randolph Foley
Mayor
Deborah C. Jacks, Chief Deputy Clerk
James E. Taliferro, II, Clerk of Council
By: __________________________________
Name: Bradley E. Grose
Attest: ______________________(SEAL)
Susan N. Johnson, Town Clerk
[End of Form of Articles]
10
7. A copy of the Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement is available for inspection in the Office of the Roanoke
City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke County Board,
5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018, Office of the Vinton Town
Manager, 311 South Pollard Street, Vinton, Virginia 24179, and Office of the City of Salem
Clerk of Council, 114 North Broad Street, Salem, Virginia 24153, and also at the Executive
Offices of the Roanoke Valley Resource Authority located at 1020 Hollins Road, N.E., Roanoke,
Virginia 24012.
8. (i) Privately-owned sanitary landfill services are not available in a reasonable and cost
efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary
landfill and any related facilities and\or the contract for such operation in spite of any potential
anti-competitive effect is important to provide for the development and/or operation of a regional
system of garbage and refuse collection and disposal for the County of Roanoke, the City of
Roanoke, the Town of Vinton, the City of Salem, and such other governmental units or private
entities as the Authority may determine.
9. The Council further authorizes the Mayor and/or the Town Manager to take any action
and execute any documents, including the Application for Joinder, necessary to accomplish the
matters set forth in this resolution and to cause the Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority to become effective so that the City of
Salem, Virginia, becomes a member of the Authority.
10. That this resolution shall take effect immediately upon its adoption.
11
This Resolution 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
1
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JUNE 21, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
A RESOLUTION authorizing the Amended and Restated Roanoke Valley Resource
Authority Members and Facilities Use Agreement, upon certain terms and conditions.
WHEREAS, the County of Roanoke (“County”), the City of Roanoke (“City”), the Town
of Vinton (“Town”), and the Roanoke Valley Resource Authority (“Authority”) entered into the
Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991,
(“Members Use Agreement”), as amended by the First Amendment dated June 1, 1992, the
Second Amendment dated December 2, 1996, the Third Amendment dated February 1, 1999, the
Fourth Amendment dated April 1, 2005, and the Fifth Amendment dated March 23, 2009, by
which the Authority agreed to acquire, construct, and equip a regional waste disposal system
consisting of a landfill and transfer station and related structures and equipment (“System”), and
to provide financing therefor in order to dispose of all non-hazardous waste delivered to such
system;
WHEREAS, the County, City, Town, Authority, and City of Salem have all determined
that the City of Salem’s joinder to the Authority is in their best interests and each jurisdiction has
adopted an appropriate resolution to that effect; and
WHEREAS, the County, City, Town, Authority, and City of Salem desire to further
amend and restate the Members Use Agreement to provide for the terms and conditions
applicable to the City of Salem’s joinder as a member of the Authority as well as the terms,
conditions, and provisions applicable to the operation and use of the expanded System by all
authorized users.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vinton,
Virginia, as follows:
1. The Amended and Restated Roanoke Valley Resource Authority Members
Facilities and Use Agreement is hereby approved in substantially the form attached as Exhibit
“A” to the Town Council Agenda Report dated June 21, 2016;
2. The Town Manager and Town Clerk are authorized to execute and attest,
respectively, in a form approved by the Town Attorney, said Amended and Restated Roanoke
2
Valley Resource Authority Members Facilities and Use Agreement, to include such changes as
the Town Manager shall deem appropriate and\or necessary to carry out the purposes expressed
therein; and
3. The Town Manager is authorized to take such further actions and execute
additional documents, in a form approved by the Town Attorney, as may be necessary or
appropriate to implement and administer said Amended and Restated Roanoke Valley Resource
Authority Members Facilities and Use Agreement.
4. This resolution shall take effect immediately upon its adoption.
This Resolution 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
1
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JUNE 21, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
A RESOLUTION authorizing and providing for an additional period of time for the
Roanoke Valley Resource Authority to exist as a corporation, upon certain terms and
conditions.
WHEREAS, pursuant to Section 15.2-5114(1) of the Code of Virginia (1950), as
amended, the Roanoke Valley Resource Authority was created and incorporated on August
25, 1989, to exist for a term of 50 years as a corporation;
WHEREAS, said Section 15.2-5114(1) states that an authority may exist for such
further period or periods as may from time to time be provided by appropriate resolutions of
the political subdivisions which are members of the authority, provided, however, the term of
an authority shall not be extended beyond a date 50 years from the date of the adoption of
such resolutions; and
WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton, and
the City of Salem desire to provide by resolutions for an additional period of time for the
Roanoke Valley Resource Authority to exist as a corporation as authorized and provided by
Section 15.2-5114(1) of the Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Vinton, Virginia hereby authorizes and provides that the Roanoke Valley Resource Authority
shall exist as a corporation for a further period of time ending on and not to extend beyond
January 1, 2066, as authorized and provided by Section 15.2-5114(1) of the Code of Virginia
(1950), as amended; and
2
BE IT FURTHER RESOLVED that this resolution shall take effect immediately
upon its adoption.
This Resolution 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
Meeting Date
June 7, 2016
Department
Finance
Issue
Consideration of public comments regarding an Ordinance amending Article VII, Transient
Occupancy Tax, Section 86-211 “Definitions” and Section 86-212 “Levied rate” of Chapter 86,
Taxation, of the Vinton Town Code and establishing an effective date.
Summary
The Proposed FY 2016/2017 budget includes an increase of the transient occupancy tax rate
from 2% to 7% of the total amount of charge for the occupancy of any room or space provided
for fewer than 30 consecutive days. This recommended increase will be used for visitor
attraction and quality of life initiatives and has not been changed since 1982. The required
notice of Public Hearing ran in the Roanoke Times on Monday, May 13, 2016.
Attachments
Ordinance
Recommendations
Motion to adopt Ordinance
Town Council
Agenda Summary
1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JUNE 7, 2016 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Article VII, Transient Occupancy Tax, Section 86-211
“Definitions” and Section 86-212 “Levied rate” of Chapter 86, Taxation, of the Vinton Town
Code and establishing an effective date.
WHEREAS, Council desires to amend the definition of “Transient” and to increase the
levied rate.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Vinton that Article VII, Transient Occupancy Tax, Section 86-211 “Definitions” and Section 86-
212 “Levied rate” of Chapter 86, Taxation, of the Vinton Town Code, is amended as follows:
ARTICLE VII. TRANSIENT OCCUPANCY TAX
Sec. 86-211. - Definitions.
* * *
Transient means any person who exercises occupancy or is entitled to occupancy by reason
of concession, permit, right of access, license or other agreement, either at his own expense or at
the expense of another, on a nonpermanent basis for a period of less than thirty (30) consecutive
calendar days or less, counting portions of calendar days as full days. Any such person so
occupying space in a hotel, motel, boarding house, or travel campground, or other facilities
offering guest rooms for which charge is made shall be deemed to be a transient until the period
of thirty twenty-nine (3029) days has fully expired unless there is an agreement in writing
between the operator and the occupant providing for a longer period of occupancy, or the
occupant has paid in advance for over thirty (30) or more days of occupancy. In determining
whether a person is a transient, uninterrupted periods of time extending both prior and
subsequent to the effective date of this article may be considered.
* * *
Sec. 86-212. – Levied rate.
There is hereby imposed a transient occupancy tax payable by transients for the
temporary occupancy in on every hotels and travel campgrounds on each and every transient,
offering lodging in the town equivalent to two seven percent of the total amount of the charge for
the occupancy of any room or space providedoccupied. Such tax constitutes a debt owed by the
transient to the town which is extinguished only by paymentwhich shall be collected and held in
trust by the operator of the hotel or travel campground to theand remitted by the operator of the
hotel or travel campground or to the town. The transient shall pay the tax to the operator of the
hotel or travel campground at the time the rent bill for lodging is paid. If the rent is paid in
2
installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax
shall be due upon the transient's ceasing to occupy space in the hotel or travel campground.
This ordinance shall take effect on July 1, 2016.
This Ordinance 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
June 21, 2016
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution to transfer funds in the General Fund and Utility Fund
between line items and cost centers to balance these accounts in the FY 2015-2016 Budget.
Summary
During the year certain expenditure accounts have been over expended. Other accounts have
appropriated monies that will not be utilized. In order to balance accounts and have non
favorable variances, it is necessary to transfer budget appropriations between accounts and cost
centers. These transfers are monies that exist within the budget not from the unappropriated fund
balance.
Attached is a list of items in the General Fund and Utility Fund that need Council Action to
move money between cost centers in order to true up accounts. This Council Action has been
recommended by our Auditors to clean up any variances prior to the review of the variance
report during the audit.
Attachments
Resolution
FY 2015-2016 End of Year Budget Transfers
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JUNE 21, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, in order to balance expenditure accounts that have non favorable variances, it is
necessary to transfer budget appropriations between line items and cost centers; and
WHEREAS, these budget transfers represent monies already appropriated in the FY 2015-2016
budget and not new appropriations; and
WHEREAS, there has been a recommendation from the Town’s Auditors to clean up variances
prior to the review of the financial report during the Audit process; and
WHEREAS, Council needs to approve transfers in the General Fund and Utility Fund between
line items and cost centers to balance these accounts in the FY 2015-2016 Budget.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the transfers as shown on the attached FY 2015-2016 End of Year Budget Transfers.
This Resolution 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
Town of Vinton, Virginia
FY 2015‐2016
End of Year Budget Transfers
To fulfill the recommendation from our auditors to move budget at the end of the year to match actual revenue and expenditures.
Transfer funds from the followin accounts with favorable balance:
Account Department Description Amount
200.1200.101 Town Manager's Office Salaries & Wages 21,040.31$
200.3101.548 Police Department Gas, Oil, Grease & Antifreeze 39,763.89$
200.3102.567 Communication Services Trans to RC ‐ Capital Imp Cost 48,805.00$
200.3103.101 Emergency Services Salaries & Wages 5,000.00$
200.3103.553 Emergency Services Materials & Supplies 2,500.00$
200.3205.302 Fire & EMS Contractual Services 2,000.00$
200.3205.512 Fire & EMS Heating Services 4,000.00$
200.3205.532 Fire & EMS Property Insurance 1,250.00$
200.3205.535 Fire & EMS Motor Vehicle Insurance 3,137.00$
200.3205.538 Fire & EMS Liability Insurance 1,198.00$
200.3205.548 Fire & EMS Gas, Oil, Grease & Antifreeze 4,700.00$
200.3205.576 Fire & EMS Contr‐Fire Training Facility 2,455.00$
200.3205.716 Fire & EMS Other Equipment 364.01$
200.3205.750 Fire & EMS EMS Vehicle Replacement 8,976.97$
200.4101.302 Maint. ‐Hwys., Sts, Bridges Contractual Services 5,368.80$
200.4101.302 Maint. ‐Hwys., Sts, Bridges Gas, Oil, Grease & Antifreeze 5,654.68$
200.4108.302 Traffic Signs & Street Light Contractual Services 11,675.84$
200.4108.510 Traffic Signs & Street Light Electrical Services 4,196.04$
200.4108.511 Traffic Signs & Street Light Electrical Services ‐ Subdiv 10,840.30$
200.4203.548 Refuse Collection Gas, Oil, Grease & Antifreeze 6,386.66$
200.7101.102 Special Programs Salaries & Wages ‐ Overtime 5,195.94$
200.7102.574 WM Interdepartmental Functions WM Interdepartmental Functions 3,865.00$
200.7103.552 War Memorial WM Food & Beverage Expense 5,000.00$
200.7105.513 Swimming Pool/Parks Water and Sewer Service 1,300.00$
200.7105.521 Swimming Pool/Parks Telephone 333.76$
200.7105.532 Swimming Pool/Parks Property Insurance 459.00$
200.7105.538 Swimming Pool/Parks Liability Insurance 436.00$
200.7105.544 Swimming Pool/Parks Medical Supplies 160.00$
200.7105.547 Swimming Pool/Parks Repair/Maintenance Supplies 369.93$
200.7105.553 Swimming Pool/Parks Materials & Supplies 1,438.57$
200.8101.302 Planning & Zoning Contractual Services 13,400.00$
200.8101.371 Planning & Zoning Environmental Comp‐DEQ/DCR 9,000.00$
200.8150.346 Economic Development CDBG Match Expenditures 39,363.50$
300.9400.302 Water & Wastewater Admin Contractual Services 12,443.86$
300.9410.548 Water System Maintenance Gas, Oil, Grease & Antifreeze 6,077.85$
300.9500.380 Wastewater System Maintenanc Hardy Rd Swr Ls Rep & Mnt 3,000.00$
300.9500.381 Wastewater System Maintenanc Niagara Swr Ls Rep & Mnt 3,000.00$
300.9500.382 Wastewater System Maintenanc Third Street Ls Rep & Mnt 4,472.82$
300.9500.723 Wastewater System Maintenanc Infiltration Project 16,691.91$
315,320.64$
Transfer funds to the following accounts with unfavorable balance:
Account Department Description Amount
200.1207.303 Legal Services Commonwealth Attorney Fees 11,250.00$
200.1221.105 Public Works Admin Separation Pa 5,654.68$
200.3101.101 Police Department Salaries & Wages ‐ Overtime 12,339.23$
200.3101.105 Police Department Separation Pa 24,174.66$
200.3101.302 Police Department Contractual Services 52,055.00$
200.3205.105 Fire & EMS Separation Pa 24,829.98$
200.3205.737 Fire & EMS Public Safety Bldg Project Exp 10,751.00$
200.4101.209 Maint. ‐Hwys., Sts, Bridges Unemployment Insurance 5,368.80$
200.4105.102 Snow and Ice Removal Salaries & Wages ‐ Overtime 10,840.30$
200.4202.105 Street & Road Cleaning Separation Pa 4,196.04$
200.4203.105 Refuse Collection Separation Pa 11,675.84$
200.4203.304 Refuse Collection Maintenance & Repaires Equip. 6,386.66$
200.4304.360 Building and Grounds Health Department 6,995.95$
200.4304.365 Building and Grounds Gish's Mill Expenses 7,179.96$
200.7101.556 Special Programs Special Events Supplies 5,195.94$
200.7103.209 War Memorial Unemployment Insurance 9,617.40$
200.7103.587 War Memorial Contracted Resale Items 18,932.45$
200.8101.595 Planning & Zoning Demolition‐Blight/Abatement 9,000.00$
200.8101.799 Planning & Zoning Capital Outlay 13,400.00$
200.8150.101 Economic Development Salaries & Wages 9,790.31$
200.8150.799 Economic Development Capital Outlay 10,000.00$
300.9400.105 Water & Wastewater Admin Separation Pa 12,443.86$
300.9410.304 Water System Maintenance Maintenance & Repaires Equip. 6,077.85$
300.9500.304 Wastewater System Maintenanc Maintenance & Repaires Equip. 10,472.82$
300.9800.929 Debt Retiremen Principal ‐ WVWA Tinker Creek 12,678.27$
300.9800.930 Debt Retiremen Interest ‐ WVWA Tinker Cree 4,013.64$
315,320.64$
‐
Meeting Date
June 21, 2016
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution to appropriate funds from the Capital Improvement Bond
Series 2013 to Utility Fund Expenditure Accounts to properly record the expenditures for the
June 30, 2016 ending budget.
Summary
Council needs to appropriate funds from the Capital Improvement Bond Series 2013 which was
transacted on June 27, 2013 to cover expenses incurred during FY 2015-2016 for the Western
Virginia Water Authority Regional Wastewater Treatment Plant upgrade.
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,
JUNE 21, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Capital Improvement Bond series 2013 issued was transacted on June 27, 2013
with proceeds for projects and bond closing cost in the amount of $2,030,671.72;
and.
WHEREAS, the project remaining is the Western Virginia Water Authority Regional Wastewater
Treatment Plant upgrade account number 300.9500.726 and expenses for this project
have been incurred in FY 2015-2016 and funds need to be appropriated from the
proceeds; and
WHEREAS, said project should be completed in the next fiscal year so the proceeds will need to
be appropriated as spent to the appropriate expense account until the project is
complete; and
WHEREAS, Council needs to appropriate funds from the Capital Improvement Bond Series 2013
to the above Utility Fund Expenditure Account to properly record the expenditures
for the June 30, 2016 ending budget.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following:
FROM: 300.1899.009 Re-Appropriation of Funds $103,773.21
TO: 300.9500.726 WVWA Wastewater Treatment Plant Upgrade $103,773.21
This Resolution 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
Meeting Date
June 21, 2016
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution to appropriate funds received from Bond Proceeds for the
2016 lease purchase of the hook truck to the capital outlay account to properly record the
expenditures for the June 30, 2016 ending budget.
Summary
Council needs to appropriate the $133,099.00 to reflect the receipt of money and purchase of the
hook truck from Mid-Atlantic Inc. This is a housekeeping activity which needs to be done to
properly reflect this transaction in FY 2015-2016.
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,
JUNE 21, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Lease Purchase of the Hook Truck from Mid-Atlantic Inc. was transacted in
2016 with proceeds of $133,099. Expenses for this purchase were incurred in FY
2015-2016 and funds need to be appropriated from the proceeds; and
WHEREAS, Council needs to appropriate funds from the Bond Proceeds account 200.1899.024
to the General Fund Expenditure Capital Outlay account 200.4101.799 to properly
record the revenue and expenditures for the June 30, 2016 ending budget.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following:
FROM: 200.1899.099 Bond Proceeds $133,099.00
TO: 200.4101.799 Capital Outlay $133,099.00
This Resolution 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
Meeting Date
June 21, 2016
Department
Public Works
Issue
Consider adoption of a Resolution appropriating funds in the amount of $17,000.00 from the sale of
equipment through Public Surplus.
Summary
Two pieces of equipment, a 580 Super L Case Extendahoe and a 1997 International Dump Truck were
sold during FY2016 through Public Surplus and the bid funds of $14,555 and $5,850, respectively
were received into Revenue Account, 200.1502.008, Sale of Equipment. The Public Works
Department needs to replace a salt spreader and has ordered one from Mid-State Equipment Co.,
Inc. at a cost of $15,575. Once the spreader is received, they will need to purchase some incidentals
at an estimated cost of $1,000.00. They are requesting the appropriation of $17,000 of these funds
to offset the cost of said salt spreader and incidentals.
Attachment
Resolution
Recommendation
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JUNE 21, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, a 580 Super L Case Extendahoe and a 1997 International Dump Truck were sold
through Public Surplus and the bid funds were received into Revenue Account,
200.1502.008, Sale of Equipment; and
WHEREAS, the Public Works Department desires to replace a salt spreader and has requested
the appropriation of a portion of these funds to offset the cost of said salt spreader
along with any required incidentals; and
WHEREAS, funds need to be appropriated from the Revenue Account to the Snow and Ice
Removal/Replacement of Equipment Expenditure Account.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following transaction:
FROM: 200.1502.008 Sale of Equipment $17,000.00
TO: 200.4105.709 Snow and Ice Removal/Replacement of $17,000.00
Equipment
This Resolution 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
Meeting Date
June 21, 2016
Department
Administration
Issue
Consider adoption of a Resolution approving a loan to Vinton Improvement Corporation
in the amount of $17,240.00 from the CDBG Revolving Loan Fund
Summary
Vinton Improvement Corporation has applied for the Revolving Loan Program in the amount of
$17,240 for 111 S. Pollard Street. The applicant is requesting loan funds to install new HVAC
equipment for a future tenant, Twin Creeks Brewing Company.
All work that is being considered is within the parameters of the Revolving Loan Program
Guidelines that was approved by Council.
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, JUNE 21, 2016 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 received funds from the Virginia Department of Housing
and Community Development through their Community Development Block
Grant (CDBG) Program to do revitalization improvements to the downtown
area of Vinton; and
WHEREAS, a portion of the CDBG money is to be used to set up a $100,000 Revolving
Loan Fund to be used in the downtown area by business and property owners;
and
WHEREAS, Vinton Improvement Corporation, owner of 111 South Pollard St, has applied
for $17,240.00 to install new HVAC equipment; and
WHEREAS, the request conforms to the stipulations set forth in the Revolving Loan Program
Guidelines; and
WHEREAS, the Loan Review Committee has reviewed the loan request and voted to
recommend the loan to Town Council for funding.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby grant a
loan to the Vinton Improvement Corporation in the amount of $17,240.00 from the CDBG
Revolving Loan Fund with interest at the prime rate in effect on June 21, 2016 and a loan
repayment schedule of 84 months.
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
June 21, 2016
Department
Finance/Treasurer
Issue
Financial Report for April 2016
Summary
The Financial Report for the period ending April 30, 2016 has been placed in the Town’s
Dropbox and on the Town’s Website.
The Finance Committee met on June 13, 2016 to discuss this report and will make a presentation
to Council at their Regular Meeting.
Attachments
April 30, 2016 Financial Report Summary
Recommendations
Motion to approve the April 2016 Financial Report
Town Council
Agenda Summary
Meeting Date
June 21, 2016
Department
Council
Issue
Request to Convene in Closed Meeting, pursuant to § 2.2-3711 (A) (7) of the Code of Virginia
(1950), as amended, for consultation with legal counsel and briefings by staff members
pertaining to actual or probable litigation relating to an employment dispute, where such
consultation or briefing in open meeting would adversely affect the negotiating or litigating
posture of the public body; and consultation with legal counsel employed or retained by a public
body regarding specific legal matters requiring the provision of legal advice by such counsel. For
the purposes of this subdivision, "probable litigation" means litigation that has been specifically
threatened or on which the public body or its legal counsel has a reasonable basis to believe will
be commenced by or against a known party.
Summary
None
Attachments
Certification of Closed Meeting
Recommendations
None
Town Council
Agenda Summary
AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JUNE 21, 2016 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
CERTIFICATION THAT A CLOSED MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting
on this date, pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton
Town Council that such closed meeting was conducted in conformity with
Virginia Law.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that
to the best of each member's knowledge:
1. Only public business matters lawfully exempted from opening meeting
requirements by Virginia law were discussed in the closed meeting to which this
certification applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Town Council.
Motion made by Council Member ___________, and seconded by Council Member _________
with all in favor.
___________________________________
Clerk of Council
Meeting Date
June 21, 2016
Department
Council
Issue
Consider approval of a confidential settlement agreement relating to an employment dispute.
Summary
None
Attachments
None
Recommendations
Motion to approve
Town Council
Agenda Summary