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HomeMy WebLinkAbout5/3/2016 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, May 3, 2016 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. CONSENT AGENDA 1. Consider approval of minutes for the regular meeting of April 5, 2016. F. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Proclamation – National Police Week 2 Proclamation – Public Works Week 3 Proclamation – National Emergency Medical Services Week G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. H. TOWN ATTORNEY I. TOWN MANAGER ITEMS REQUIRING ACTION 1. Consider adoption of an Ordinance amending Section 86-287, Itinerant Vendors Generally; Tax Rate of Article VIII, License, Chapter 86, Taxation of the Vinton Town Code – Anita McMillan 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 2 BRIEFINGS 1. Briefing on the advance refunding of Series 2006 callable Bonds and advance refunding of Series 2007 Callable Bonds – Barry Thompson 2. Briefing on the Virginia Department of Transportation’s (VDOT) Request for the Town of Vinton to Execute the Programmatic Project Administration Agreement (PPAA) Extension Addendum for Glade Creek Greenway Phase 1 Revenue Sharing Project – Anita McMillan 3. Briefing on Botetourt County’s request to join the Roanoke Valley Greenway Commission and the Amended and Restated Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission to include Botetourt County – Anita McMillan J. MAYOR K. COUNCIL L. 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: May 10, 2016 – 3:00 p.m. – Finance Committee Meeting – Finance Conference Room May 17, 2016 – 6:00 p.m. - Work Session followed by Regular Council Meeting at 7:00 p.m. – Council Chambers Meeting Date May 3, 2016 Department Town Clerk Issue Consider approval of the minutes for the regular meeting of April 5, 2016 Summary None Attachments April 5, 2016 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, APRIL 5, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor I. Douglas Adams, Jr. Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Interim Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Paul Mahoney, Town Attorney Richard W. Peters, Assistant Town Manager/Director of Economic Development Anita McMillan, Planning & Zoning Director Anne Whitehurst, Accounting Manager Gary Woodson, Public Works Director Joey Hiner, Assistant Public Works Director Mary Beth Layman, Special Programs Director Mark Vaught, Police Lieutenant Glenn Austin, Police Lieutenant Valerie Cummings, Police Sergeant The Mayor called the Work Session to order to examples. They continue to raise the visibility of the region by using up 69% last year. B judged by activity files that are opened and 514 files were activity. In 2015 about 2,700 net new jobs were created despite some high-profile layoffs. The employment Virginia Employment Commission in the region. Marathon that continues to grow and has more than 2 event brings attention to our area and last year 34 countries and 40 plus states came to run in the Marathon. Another is the Go Outside Festival which is held in the Fall and t attendance for this event last year. Work and they have completed a kayak park study with the assistance of a consultant. park, a section of a river is manipulated turn into this type of park. Vir have anything over 50 acres that is ready to go and easily developable. Council Member Scheid asked if there has ever been an effort to market the Vinton Business Park which parcels to show. All requests go to Jill Loope with Roanoke County for her to provide suggestion would be to look at internal opportunities Service providers would be a good market for those sites based on location and their size. Barry Thompson commented that he had a meeting with Ms. Doughty recently and she staff to come and look over the Town then meet with our staff to do a visioning process on what our image is, what we would like it to be and to He further comme opportunity. expanding Valley Metro. One of the points that was 3 workers out to Botetourt County and she asked Ms. Doughty’s opini she thought it was valid for op connectedness. The next item was a briefing on the proposed completing Project. easement on March 22nd reading on April 12th. The design plan of Phase 1 of reviewed and they hope to have go out to bid the end of April and start months. Last year Council authorized staff t grant application for Phase 2 which is from Walnut all the way to Gus Nicks Boulevard. About half greenway will be on the Roanoke County-owned portion of the property. The easement that asking the County to donate to the Town is approximately acres in area. the estimated total cost of the project is $526,210 with $417,710 to be funded by the grant and the remaining will also be an in- building the required shelt railroad trestle. greenway in the Town Roanoke River Greenway. November if we are awarded the funding through our grant application. The Mayor called the regular meeting to order at 7:00 p.m. The Council Member Adams, Council Member McCarty, Council Member Scheid, Vice Mayor Hare and Roll call 4 Council Member Scheid led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced that will begin on April 27th and run through May 1st Memorial on April 11th Breakfast Lions Club is selling tickets for their Draw Down event on April 16th Virginia for special projects. Day on April 22nd School at 1:15 p.m. Council Member Scheid ann on April 9th and will meet in the Big Lots Parking Lot at 9:00 a.m. that morning. Vice Mayor Hare made a motion that the Consent Agenda be approved as presented; the motion was seconded by Council Member Adams voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. meeting of March 1, 2016 The next item on the agenda was the recognition of Jeff Dudley, Interim Police Chief. Chief Dudley with a shadow box Chief Dudley. The next item on the agenda was a Proclamation for National Child Abuse Prevention Month. Kathryn Sowers made brief comments regarding the Municipal Building prior to the meeting Member Scheid presented it to Ms. Sowers. The next item on the agenda was a Proclamation for Week. of Communicati made brief comments and recognized the staff from the Communications Center that 5 The next item on the agenda was a Proclamation for Mayor’s Day of Recognition for National Service, which was read by the Mayor. The next item on the agenda was the briefing on Development, Inc Director of Economic Development, first commented that she would like to address an earlier question by Business Center. The 18-1/2 acre pre- consideration for commissioned by the Western Virgin made for Botetourt County. Ms. Loope next began by commenting that the William Byrd project has been a long-term investment and effort to market and redevelop the property. She then showed a access to the property and to the ballfields below. upper half where the main building is located is 6.49 interested parties, but the last was an advertisement proposal from Waukeshaw Development purchase and redevelop the property for a mixed- use residential development. They mixed-use because they property. consisting of one a 6 downtown redevelopment effort and will be going through a rezoning process to make that happen in the near future. $9.2 and objectives. However, once they process, they may have to do some re-subdivision and the potential transfer of the maintenance facility down below. They the redevelopment of this property. For a brief history of the building, commented that it was built in 1930 and used as an 1930 to 2010. The main building consists of 62,760 square feet with the adjoining annex building having considerations of reimbursement of taxes over a ten year period not to exceed $1 million. agreements in place and the Town will be an active participant and they will work together in partnership to make this Dave Mccormack with Waukesaw Development. company will have completed more than $70 million in historic redeve that are low income tax credits or Section 8. Petersburg, the Mayton Transfer Lofts, a $26 million occupancy rate. Another example shown was the Southern Express Lofts which is a cof 7 Another slide showed the renovation of the Henry Hotel in Martinsville which October of 2015. There are 24-studio and one- commercial spaces on the ground floor. The next slide showed an example of a school they is called Hopewell Lofts 2010. Warehouse in Wilson, North Carolina, an $11.3 million investment in 91 apartments and a Whirligig Park Visitors Center which is the main focus of their tourism. as the required public space. The all of the historic fabric. Bedford and the synergy that has gone his other projects which would Vinton. Mr. Mccormack commented businesses have been c revenues. enough. Mr. Mccormack re standpoint, he would prefer that the subdivision stay National Park Service will ultimately dictate some of that. They are going to do some site planning and a parking study and he felt they need to do an easement to square it off. The next item on the agenda was to consider adoption of a Resolution authorizing the Interim Town Manager to a Memorandum of Understanding 8 Control Program (VESCP) and the Virginia Stormwater Management Program (VSMP). Anita McMillan first made comments regarding the history the two programs. The Roanoke County Board of Supervisors February 23, 2016. After it is approved by Council, approval. Once it is approved, it will remain in effect for Roanoke VSMP administrator. Council was briefed in a work session on March 1st on all of the changes to the stormwater and erosion by Roanoke Town Code and adopt the Roanoke County’s Council at the March 15th meeting for approval. Council Member Scheid made a motion to adopt the Resolution as presented; the motion by Vice Mayor Hare and carried by the following roll call vote, with all members voting: Vote 5- (5) – Adams, McCarty, Scheid (0) - None. Adopted Resolution Council for Virginia Stormw Program (VSMP) The next item on the agenda was to consider adoption of Roanoke Stormwater Management De dated March 22, 2016. has adopted it along with Manual, can we go ahead with this Resolution prio After further discussion t res the Design Manual by reference. Roanoke County websites. comment by Vice Mayor Hare, she commented that the majority of the Design Manual is written to follow the State requirements. 9 Council Member Scheid made a motion to adopt the Resolution as presented; the motion was seconded by Council Member McCarty and carried by the Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. Adopted Resolution adopting the County of Roanoke Stormwater Management Design Manual dated March 22, 2016 The next item on the agenda was to consider adoption of Market. donation will be used for Grant soon. Council Member Adams motion to adopt the Resolution as present motion was seconded by Council Member Scheid and carried by the members voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) - None. Adopted Resolution appropriating funds in the amount of Farmers’ Market. The next item on the agenda was to consider adoption of completed a project as the Gish Mill VML insurance provider. The total project cost was awarded the full amount of $4,000.00. Hare made a motion to adopt the Resolution as presented; the motion was seconded by Council Member McCarty and carried by the call vote, with all members voting: Vote 5- (5) – Adams, (0) - None. Adopted Resolution appropriating funds in the amount of $4,000.00 received through the VML to the Gish Mill budget line item The next item on the agenda was to consider adoption of autho Development Block Grant. Pete Peters commented that the next phase of the Community Development 10 Market Stage. On March 30th, staff received sealed bids from three general contractors with all three meeting the necessary requirements of the bid. construction and two alternative bid items to include Farmers’ Market sign. The complete breakdown for remaining phases of the grant. façade and close out by DHCD. has $35,000 budgeted as part of our required match outside the available grant funds. options and other landscaping plans. Mr. Peters next commented that after consultation can be accomplished in- modifications. Staff is requesting that Council award renovation and to not include the two alternative bid items. Council Member Scheid commented that s the funds that remain able to get the essence of the project done. The Thompson also responded Project Manager from the Public Works Department will also be providing oversight during the project. this amount is currently budgeted in this fiscal year 11 former Steve’s Garage site behind the Municipal Building. However, with several attempts to bid out various phases of the project that used up some of our construction funds, a d Those funds will probably be spent in this fiscal year and overlap into the next fiscal year. Barry Thompson indicated that these fun earmarked and accounted for as of June 30th. Mr. our local match was the contribution to the purchase of the property for the Vinton Branch of the library. Council Member Scheid made a motion to adopt the Resolution as presented; the motion by Council Member McCarty and carried by the Vote 5-0; Yeas (5) – Adams, Hare, Grose; Nays (0) - None. Adopted Resolution Interim Town Manager to execute a contract with TBS Construction, LLC Co Grant The Mayor asked Mr. Peters to update Council Façade Grant Program. considered in the scope of the CDBG changed ownership and can no longer proceed with the improvements or are no longer interested. As of today there are seven properties for the program. reviewed two new applications—one for the Edward and the Post Office. approximately $20,000 and two other applicants are interested in that remaining amount. The Mayor then asked if there completion date on some of the façade activity. Mr. Peters responded that it his is goal to have all of the that our grand re- place for the September 17th Mingle at the Market. 12 The next item on the agenda was to consider nominations for the 2016 VML Policy Committees. After discussion, Council Member Adams made a motion to accept the following nominations: I. Douglas Adams, Council Member and Economic Development Development; Janet Scheid, Council Member and Anita McMillan, Planning & Zoning Director to Environmental Quality; Mayor and Manager, Finance Director/Treasurer Thomas L. Foster, Police Chief and Director/Treasurer to General Laws; Grose, Mayor and Resources Director to Education and Sabrina McCarty, Council Member and Joey Hiner, Acting Public Works Director to Transportation. The motion was Council Me following vote, with all members voting: Vote 5-0; Yeas (5) – Nays (0) - None. Nominated and approved individuals to the 2016 Policy Committees The Mayor next expressed appreciation to all of the agencies in the Roanoke Valley that assisted with the volatile situation on Pine Street last week in the Town. Comments from Council Members: Council Member McCarty 11th. She and Council Member Adams also commented on the situation on Pine Street. Barry Thompson commented he will a judge for the Gauntlet Event at the HIVE next Mo to 9:30 p.m. The awards ceremony will be Saturday, the 23rd. Vice Mayor Hare made a motion to meeting; the motion was seconded by Council Member Adams with all members voting: Vote 5-0; Yeas (5) – Adams, McCarty, Scheid, Hare, Grose; Nays (0) – 13 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: __________________________ Susan N. Johnson, Town Clerk Meeting Date May 3, 2016 Department Police Department Issue Proclamation - National Police Week Summary In 1962, President John F. Kennedy declared May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police Week. We would like to recognize our law enforcement officers that serve the Town with a proclamation which recognizes National Police Week. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the Vinton Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the Town of Vinton; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Vinton Police Department has grown to be a modern and scientific law enforcement agency and provides a vital public service. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 15, 2016 to May 21, 2016, as “NATIONAL POLICE WEEK” in the Town of Vinton and call upon all citizens of the Town of Vinton and surrounding areas that are served by the Vinton Police Department to observe this week and to join Town Council in recognizing officers for their faithful and loyal devotion to duty and dedicated service to their community. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 3rd day of May, 2016. ____________________________________ Bradley E. Grose, Mayor Meeting Date May 3, 2016 Department Public Works Issue Proclamation - Public Works Week Summary The American Public Works Association advocates the recognition and celebration of Public Works Week in all cities, counties, and towns across the U.S. This year marks the fifty-sixth year of celebration. The Week calls attention to the importance of public works in community life. Well maintained infrastructure, streets, stormwater collection, water distribution, wastewater collection, traffic signals & signage; and effective services such as administration, snow removal, refuse collection, recycling, automotive & construction equipment maintenance are all vital to neighborhood quality of life and to the economic well being of the Town. The Week seeks to enhance the prestige of the often-unsung heroes of our society-the professionals, who serve the public good every day, and often at night and on weekends, under all weather conditions with quiet dedication. The theme of this year’s celebration is, "Public Works Always There" This theme speaks to the pervasiveness of public works. Our community, 8,000 in the Town and another 5,000 in the East Roanoke County utility service area depends on the men and women of the public works profession who are always there and always ready to serve and support the quality of everyday life. Traditionally, the week is recognized by proclamations from the U. S. Senate, U.S. House, and Governor of Virginia. This will be the tenth year of celebration in the Town of Vinton. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, Public Works services provided in the Town are an integral part of our citizens, institutions, businesses, and industries everyday lives and well-being; and WHEREAS, public support of the importance of effective and efficient Public Works services such as street maintenance, sidewalk repair, solid waste collection, recycling, traffic signal & sign maintenance, snow & ice removal, stormwater collection, water production & distribution, and wastewater collection improves morale and performance of Public Works staff; and WHEREAS, the health, safety, economic growth, and quality of life in our Town greatly depend on these vital Public Works services; and WHEREAS, Public Works staff also provide critical response capabilities, experience, and support in times of emergency; and WHEREAS, the efficiency of the qualified and dedicated people who staff Public Works is positively influenced by the citizens’ attitude and understanding of the important services the staff provides. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 15, 2016 to May 21, 2016 as “PubLIC WORkS WEEk in the Town of Vinton. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 3rd day of May, 2016. ____________________________________ Bradley E. Grose, Mayor Meeting Date May 3, 2016 Department Fire Issue Proclamation - National Emergency Medical Services Week Summary National Emergency Medical Services Week urges our citizens to recognize the value and accomplishments of all of our Emergency Services personnel and to support the many public safety activities and efforts of the Town’s emergency services. Attachment Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WheReAs, this is the 42nd anniversary of National Emergency Medical Services Week and this year’s theme is “EMS Strong: Called to Care”; and WheReAs, 2016 also marks the 50th anniversary of the ground breaking whitepaper, Accidental Death and Disability: The Neglected Disease of Modern Society that was released by the National Academy of Sciences in 1966. This document assessed the mortality and injury rate among the population during a time in which the number of citizens kill on the nation’s roadways and highways was near epic proportions. This document is credited for the birth of modern EMS; and WheReAs, fifty years ago, the medical community recognized the importance and need for a pre-hospital emergency medical system; and WheReAs, National EMS Week helps to celebrate 50 years of assisting EMS with “Answering the Call”; and WheReAs, EMS is often the first line of defense for medical emergencies with 64% of the time used for serious medical emergencies such as strokes; and WheReAs, for the members of the Emergency Medical Services teams, every call brings a new opportunity to make a difference. A chance to put years of training and education into good use. Sometimes, it can mean the difference between life and death or it’s as simple as providing comfort to a patient; and WheReAs, the Town of Vinton is devoted to ensuring the safety and security of all those citizens living in and visiting our town; and WheReAs, the members of Emergency Medical Services teams, whether career or volunteer, partake in thousands of hours of specialized training and continuing education to develop their lifesaving skills; and WheReAs, it is appropriate to recognize the value and the accomplishments of Emergency Medical Service Community by designating National Emergency Medical Services Week. NOW, TheReFORe, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim May 15, 2016 to May 21, 2016 as “NATIONAL eMeRgeNCy MeDICAL seRvICes Week” in the Town of Vinton and I urge all the people of the Town of Vinton to support the many public safety activities and efforts of the Town’s emergency services. IN WITNess WheReOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 3rd day of May, 2016. ____________________________________ Bradley E. Grose, Mayor Meeting Date May 3, 2016 Department Planning and Zoning Issue Consider adoption of an Ordinance amending Section 86-287, Itinerant Vendors Generally; Tax Rate of Article VIII, License, Chapter 86, Taxation of the Vinton Town Code. Summary Town Staff has received complaints from food truck operators stating that the Town’s current flat fee of $500.00 for itinerant vendors is cost prohibitive, and it is also now considerably higher than most localities. Both the City of Roanoke and County of Roanoke have recently changed their itinerant vendor license tax for mobile food vendors, from $500.00 to $75.00 in the City, and from $500.00 to $50.00 in the County. At the direction of Town Council; the Planning Commission was briefed on this proposed amendment by Staff during its work session on February 25, 2016. Additionally, the Planning Commission also held a work session on March 24, 2016, to discuss mobile food vending. At that meeting, the Planning Commission recommended the following solution: Reduce the current itinerant vendor fee for mobile food vendors from $500.00 to $50.00. Along with the fee reduction they also recommended that the Town follow the existing policy; which allows mobile food vendors to operate in commercially zoned districts with property owners’ permission; during special events in public spaces and within the Town’s public right-of-ways; and by non- profit organizations during fund-raising events with property owners’ permission. The usage of public space is governed by a different section of the Town Code. Usage of public spaces, streets and sidewalks is a policy consideration that may warrant future consideration by the Town Council, Planning Commission and Town Administration. Attachments 1. Mobile Food Unit/Food Truck Policy and License Information 2. Mobile Food Unit/Food Truck Property Use Permission Form 3. Ordinance Recommendation Motion to adopt Ordinance Town Council Agenda Summary Mobile Food Unit Policy and License Information Page 1 of 2 MOBILE FOOD UNIT POLICY AND LICENSE INFORMATION A Mobile Food Unit is defined as: A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This shall include both food trucks and food carts. (1) The Itinerant Vendor License Fee for a Mobile Food Unit shall be set at $50.00 per calendar year (January through December). In addition to the Itinerant Vendor License Fee, Mobile Food Units are also required to pay Prepared Food and Beverage Tax to the Town of Vinton per the set payment schedule, as well as Sales Tax and litter tax, to the state of Virginia. (2) The License Fee for Mobile Food Units who are conducting business solely at a festival, parade or other special event in the town shall pay $25 per day for each day of the festival, parade or special event. In addition to the License Fee, Mobile Food Units are required to pay Prepared Food and Beverage Tax to the Town of Vinton per the set payment schedule, as well as Sales Tax and litter tax to the state of Virginia. (3) Mobile Food Units will be allowed to vend only on commercially zoned properties (GB, CB, MUD, M-1, or M-2). Mobile Food Units will not be allowed to vend on any residentially zoned properties except those owned by the Town of Vinton or other government entities with written permission from the Town Administration. Mobile Food Units must have written permission from entity who owns the property. (4) Mobile Food Units will be allowed to vend during special events on Town-owned properties including public Right-of-Ways during festivals, and at non-profit fundraising events in commercially zoned areas. An Itinerant Vendor License Fee must be paid prior to vending at the event. Prepared Food and Beverage Taxes to be paid to the Town of Vinton per the set payment schedule, as well as Sales Tax, litter tax to the state of Virginia, with the exception of those who hold a 501c3 status. Proof of the 501c3 status must be provided to the Town at the time of application for the license. (5) Mobile Food Units are required to report the exact dates and locations where they expect to vend within the Town on the Itinerant Vendor License Application so that the Prepared Food and Beverage Tax collection can be tracked by the Treasurer’s Office. (6) Mobile Food Units will not be required to meet prescribed setbacks for the districts in which they intend to vend; however, they must setup in a manner that avoids any site visibility issues along streets or in parking areas for drivers or pedestrians. Town of Vinton 311 S. Pollard Street, Vinton, VA 24179 Phone (540) 983-0605 Mobile Food Unit Policy and License Information Page 2 of 2 (7) Mobile Food Units are allowed to vend on public streets or sidewalks so long as the license requirements are met, permission is obtained and so long as the unit is legally parked in an on- street parking space and is not impeding pedestrian or vehicular traffic. At no time shall seating areas for Mobile Food Units be allowed on public streets or sidewalks. (8) Mobile Food Units will not be allowed to setup and vend along a public street or right-of-way directly in front of an established, permanent restaurant at any time. (9) Written permission must be obtained from the property owner to setup a Mobile Food Unit on a private property. A copy of the permission must be presented with the Itinerant Vendor License Application. (10) Mobile Food Units must comply with all Town of Vinton Noise Ordinance regulations as prescribed by the Vinton Town Code. A copy of the Noise Ordinance can be furnished upon request. (11) Trash collection and disposal within a 20 foot radius of the Mobile Food Unit is the responsibility of the Mobile Food Unit proprietor. The town will not provide trash removal services to a Mobile Food Unit. If the trash is not properly disposed of, responsibility for cleanup will be relegated to the owner of the property on which the Mobile Food Unit was located. (12) Proper wastewater disposal shall be the responsibility of the Mobile Food Unit proprietor. At no time shall wastewater be discharged onto a parking lot, grassy area, or into a storm drain. (13) Any violations of the trash and wastewater disposal requirements may result in the revocation of the Itinerant Vendor License by the Town Manager. (14) A Mobile Food Unit will be allowed to display an unlimited number of signs permanently attached flat to the sides of the unit. (15) At no time shall any electronic signs flash or change messages more frequently than every 5 seconds. Signs must not cause a distraction to operators of vehicles. (16) One sandwich board (A-Frame) sign shall be allowed for each Mobile Food Unit. Sandwich board signs shall not be greater than 4 feet in height or 2.5 feet in width. Sandwich board signs must be anchored to the ground immediately adjacent to the unit and must not cause any sight visibility issues for drivers or pedestrians. Sandwich boards signs shall not project over any portion of a street nor shall they obstruct any sidewalk to less than 4 feet in width. (17) A valid Virginia Department of Health permit shall be on prominent display at all times during the operation of the Mobile Food Unit. A copy of this permit shall also be provided to the town at the time of application for the Vinton Itinerant Vendor License. (18) A valid Town of Vinton Itinerant Vendor License shall be on prominent display at all times during the operation of the Mobile Food Unit. TOWN OF VINTON 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE (540) 983-0608 Barry W. Thompson FAX (540) 985-3105 Finance Director/Treasurer Mobile Food Vendor/Food Truck Property Use Permission Date of Request: ____________ Vending Dates: ____________ to ___________ Vinton Business License Number: ____________ Health Department Food Facility Permit: ___________________Expires:_________ Property Owner Name: __________________________________________________ Property Address: _____________________________________________________ _____________________________________________________________________ Zoning District: ___________ Property Owner Mailing Address: _________________________________________ ______________________________________________________________________ Telephone: ______________________ E-Mail:_______________________________ Grants Permission to: Applicant Name: _______________________________________________________ Applicant Mailing Address: ______________________________________________ ______________________________________________________________________ Telephone: _____________________ E-Mail: ________________________________ To set up a: ____ Truck ____ Trailer ____ Cart ____ Booth ____ Non Food For the Purpose of: _____________________________________________________ ______________________________________________________________________ Property Owner Signature: ____________________________ Date:_____________ Applicant Signature: ________________________________ Date:______________ 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MAY 3, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE AMENDING SECTION 86-287. ITINERANT VENDORS GENERALLY; TAX RATE OF ARTICLE VIII. LICENSE, CHAPTER 86. TAXATION OF THE TOWN OF VINTON CODE BY REDUCING THE LICENSE TAX FOR THIS CATEGORY OF PERSONS AND BUSINESSES. WHEREAS, in recent years, the number of mobile food vendors/food trucks has increased significantly nationally, as well as regionally; and WHEREAS, the Vinton Town Council finds that reducing the business license tax for a growing and new classification of businesses known as mobile food vendors/food trucks, which are currently classified as “itinerant vendors”, would promote economic development in the Town of Vinton; and WHEREAS, reducing the business license for this classification of businesses would encourage the entrepreneurial development of small businesses in the Town of Vinton; and WHEREAS, reducing this license tax for mobile food vendors/food trucks from a maximum of $500.00 in any one (1) year to a maximum of $50.00 in any one (1) year would be consistent with neighboring jurisdictions; and WHEREAS, the Planning Commission was briefed by Vinton Planning and Zoning Staff on this proposal at its meeting on February 25, 2016, and WHEREAS, the Planning Commission held a work session on mobile food vendors/food trucks on March 24, 2016; and WHEREAS, the Planning Commission recommended that the tax be reduced to $50.00 for mobile food vendors/food trucks using the Town’s current policy to regulate them; and WHEREAS, the Vinton Town Council held a work session on mobile food vendors/food trucks on April 19, 2016, about the proposed reduction of the itinerant vendor business license tax for mobile food vendors/food trucks. NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council does hereby amend Section 86-287 Itinerant Vendors Generally; tax rate of Article VIII. License, Chapter 86. Taxation of the Vinton Town Code. 2 * * * Sec. 86-287. - Itinerant vendors generally; tax rate. (a) Itinerant vendor defined. An itinerant vendor means any person who engages in, does or transacts any temporary or transient business in the town, and who for the purpose of carrying on such business occupies any location for a period of less than one year. (b) License display. A license certificate must be prominently displayed by an itinerant vendor. (c) Tax rates enumerated. License tax rates shall be as follows: (1) Itinerant vendors of family supplies of a perishable nature or which are used for heating purposes (meals from food trucks/carts, produce, fruits, meats, seafood, perishable food, ice cream, sandwiches, beverages, vegetables, flowers, plants, ice, wood, coal, etc.): $250.00 per month or fraction thereof $50.00 per year. (2) Itinerant vendors of general merchandise (not household supplies of a perishable nature, or supplies used for heating purposes as previously described): $500.00 per month year or fraction thereof. (3) In no event shall the tax rates specified in subsections (c)(1) and (c)(2) of this section exceed cumulatively $50.00 or $500.00 per year, respectively. (4) For purposes of this section, “family supplies of a perishable nature” shall include meals from food truck and carts, produce, fruits, meats, seafood, perishable food, ice cream, sandwiches, beverages, vegetables, flowers, plants, ice, milk, butter, eggs, poultry, game, or other farm products. All other products, except ice, wood, or charcoal shall be considered “general merchandise”. Prior to the issuance of any business license to an itinerant merchant of family supplies of a perishable nature, the applicant shall provide proof of any required permit or license from the Health Department. (d) Exemptions. Any person licensed to operate in the Vinton Farmer's Market shall be exempt from the provisions of this section; provided, however, that any activities outside the Vinton Farmer's Market within the town shall be subject to licensure under the provisions of this section or other sections of this article. (e) License fee. An itinerant vendor wishing to conduct business at a festival, parade or other special event in the town shall purchase a license for $25.00 per day. 3 (f) Application of section provisions. This section shall not apply to any person who holds more than two garage or yard sales within any 12-month period, provided that such sale shall be held upon residential property and shall offer for sale only used household or personal goods owned by the seller or his immediate family. * * * BE IT FURTHER ORDAINED, that this Ordinance shall become effective upon its adoption. 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 1 Meeting Date May 3, 2016 Department Finance Issue Briefing on the advance refunding of Series 2006 callable Bonds and advance refunding of Series 2007 Callable Bonds Summary The Town has been working with VML/VACO Financing on the issuing of Refunding Bonds Series 2016A and 2016B for the advance refunding of Series 2006 Callable Bonds in the amount of $655,000 with interest rates of 5.00% to 5.25% and the advance refunding of Series 2007 Callable Bonds in the amount of $1,595,000 with an interest rate of 5.00%. The 2006 Callable Bonds, originally were issued to finance the costs of the construction of the Public Safety Building and to expand and renovate the Vinton War Memorial. The security pledge on this issue was a general obligation bond. The total Debt Savings for the Series 2006 Issue is $94,888 or an average annual debt service savings of $8,626. This would now be known as the 2016A Bond. The 2007 Callable Bonds, originally issued to finance the cost of capital improvements to the water and sewer system. The security pledge on this issue were the Water and Sewer Revenues. The total Debt Savings for the Series 2007 is $172,109 or an average annual debt service savings of $14,342. This would now be known as the 2016B Bond. The new bonds of as follows: 2016A $ 698,000 2016B $1,791,000 2,489,000 The Bonds will be Tax-Exempt and Bank Qualified with a rate of 2.05%. Tentative closing will be the end of May 2016. Town Council Agenda Summary 2 The interest payments will be semi-annually on February 1 and August 1 each year, commencing August 1, 2016. Principal payments will be due on the 2016A on February 1 each year commencing February 1, 2017 and the 2016B will be annually commencing on August 1, 2016. Final maturity will be February 1, 2027 on the 2016A and August 1, 2027 on the 2016B. VML/VACo Finance will be available at the May 3, 2016 Council meeting to present the bid analysis and answer any questions. Attachments VML/VACo Bid Analysis Recommendations No action required VML/VACo Finance - Fixed Rate Loan Program Town of Vinton, Virginia Refunding Bonds, Series 2016A and 2016B Bid Analysis Advance Refunding of Series 2006 Callable Bonds Advance Refunding of Series 2007 Callable Bonds and April 14, 2016 Preliminary VML/VACo Finance - Fixed Rate Loan Program Town of Vinton, Virginia Refunding Bonds, Series 2016A and 2016B Advance Refunding of Series 2006 and Series 2007 Callable Bonds Summary of Refunded Bonds Series 2006 Series 2007 Outstanding Par of Callable Bonds $655,000 $1,595,000 Interest Rates 5.00% to 5.25%5.00% Optional Call Date 2/1/2017 8/1/2018 Optional Call Price 100%100% Summary of Debt Service Savings Total Debt Service Savings $94,888 $172,109 Net Present Value Savings $83,915 $150,523 Net PV Savings as % of Refunded Par 12.81%9.44% Average Annual Debt Service Savings $8,626 $14,342 Prepared by: VML/VACo Finance 4/14/2016 Preliminary VML/VACo Finance - Fixed Rate Loan Program Town of Vinton, Virginia Refunding Bonds, Series 2016A and 2016B Advance Refunding of Series 2006 and Series 2007 Callable Bonds Summary of Preliminary Financing Terms and Assumptions Program Bank (determined through competitive bidding process ) Borrower 2) Water and Sewer Revenue $698,000 - 2016A (Refi of Series 2006) $1,791,000 - 2016B (Refi of Series 2007) $2,489,000 Tax-Exempt/Taxable Bank Qualified/Non-BQ Interest Rate Tentative Closing Date May 18, 2016 Purpose Par Amount VML/VACo Fixed Rate Loan Program Carter Bank and Trust Town of Vinton, Virginia 1) General Obligation 2016A: Advance Refunding of Series 2006 Callable Bonds, originally issued to finance the costs of renovations and construction of an addition to the Public Safety Building, and to expand and renovate the Vinton War Memorial 2016B: Advance Refunding of Series 2007 Callable Bonds, originally issued to finance the cost of capital improvements to the water and sewer system Security Pledge Tax-Exempt Bank Qualified 2.05% Prepared by: VML/VACo Finance 4/14/2016 Preliminary VML/VACo Finance - Fixed Rate Loan Program Town of Vinton, Virginia Refunding Bonds, Series 2016A and 2016B Advance Refunding of Series 2006 and Series 2007 Callable Bonds Summary of Preliminary Financing Terms and Assumptions Interest Payment Due Amortization 2016A: February 1, 2027 2016B: August 1, 2027 2016B: Annually, on August 1 each year, commencing August 1, 2016 Principal Payments Due Fully amortizing to achieve level annual debt service savings. Final Maturity Semi-annually, in arrears, on February 1 and August 1 each year, commencing August 1, 2016 2016A: Annually, on February 1 each year, commencing February 1, 2017 Prepared by: VML/VACo Finance 4/14/2016 Preliminary VML/VACo Finance - Fixed Rate Loan Program Town of Vinton, Virginia Refunding Bonds, Series 2016A and 2016B Advance Refunding of Series 2006 and Series 2007 Callable Bonds Estimated Sources & Uses of Funds Series 2016A Series 2016B Sources of Funds:(Refi of Series 2006)(Refi of Series 2007)Total VML/VACo Fixed Rate Loan, 2016 698,000.00 1,791,000.00 2,489,000.00 Total Sources of Funds 698,000.00 1,791,000.00 2,489,000.00 Uses of Funds: Costs of Investment Escrow 686,159.00 1,765,601.00 2,451,760.00 Cash Deposit to Escrow 2.81 1.87 4.68 Estimated Costs of Issuance 1 13,167.00 28,175.00 41,342.00 Less VLGFC Grant 2 (1,500.00) (3,500.00) (5,000.00) Estimated Costs of Issuance, Net 11,667.00 24,675.00 36,342.00 Contingency 171.19 722.13 893.32 Total Uses of Funds 698,000.00 1,791,000.00 2,489,000.00 1 2 Virginia Local Government Finance Corporation (VLGFC) has approved a $5,000 grant for borrowers in the Fixed Rate Loan Program. The grant may be applied toward costs of issuance (as assumed in this analysis) or for any other purpose. Includes Bond Counsel, Verification Agent, Escrow Agent, Program Administration and miscellaneous expenses. Prepared by: VML/VACo Finance 4/14/2016 Preliminary VML/VACo Finance Town of Vinton, Virginia General Obligation Refunding Bond, Series 2016A Advance Refunding of Series 2006 Callable Bonds @ 2.05% Debt Service Comparison Part 1 of 2 Date Total P+I Existing D/S Net New D/S Old Net D/S Savings Fiscal Total 05/18/2016 ------ 08/01/2016 2,901.55 1,000.00 3,901.55 17,581.25 13,679.70 - 02/01/2017 22,154.50 51,000.00 73,154.50 67,581.25 (5,573.25)- 06/30/2017 -----8,106.45 08/01/2017 7,000.75 -7,000.75 16,581.25 9,580.50 - 02/01/2018 68,000.75 -68,000.75 66,581.25 (1,419.50)- 06/30/2018 -----8,161.00 08/01/2018 6,375.50 -6,375.50 15,268.75 8,893.25 - 02/01/2019 70,375.50 -70,375.50 70,268.75 (106.75)- 06/30/2019 -----8,786.50 08/01/2019 5,719.50 -5,719.50 13,825.00 8,105.50 - 02/01/2020 73,719.50 -73,719.50 73,825.00 105.50 - 06/30/2020 -----8,211.00 08/01/2020 5,022.50 -5,022.50 12,250.00 7,227.50 - 02/01/2021 71,022.50 -71,022.50 72,250.00 1,227.50 - 06/30/2021 -----8,455.00 08/01/2021 4,346.00 -4,346.00 10,750.00 6,404.00 - 02/01/2022 73,346.00 -73,346.00 75,750.00 2,404.00 - 06/30/2022 -----8,808.00 08/01/2022 3,638.75 -3,638.75 9,125.00 5,486.25 - 02/01/2023 70,638.75 -70,638.75 74,125.00 3,486.25 - 06/30/2023 -----8,972.50 08/01/2023 2,952.00 -2,952.00 7,500.00 4,548.00 - 02/01/2024 72,952.00 -72,952.00 77,500.00 4,548.00 - 06/30/2024 -----9,096.00 08/01/2024 2,234.50 -2,234.50 5,750.00 3,515.50 - 02/01/2025 75,234.50 -75,234.50 80,750.00 5,515.50 - 06/30/2025 -----9,031.00 08/01/2025 1,486.25 -1,486.25 3,875.00 2,388.75 - 02/01/2026 72,486.25 -72,486.25 78,875.00 6,388.75 - 06/30/2026 -----8,777.50 08/01/2026 758.50 -758.50 2,000.00 1,241.50 - 02/01/2027 74,758.50 -74,758.50 82,000.00 7,241.50 - 06/30/2027 -----8,483.00 Total $787,124.55 $52,000.00 $839,124.55 $934,012.50 $94,887.95 - VML/VACo Finance Leading Provider of Financial Services to Virginia Local Governments Preliminary VML/VACo Finance Town of Vinton, Virginia General Obligation Refunding Bond, Series 2016A Advance Refunding of Series 2006 Callable Bonds @ 2.05% Debt Service Comparison Part 2 of 2 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 83,743.78 Net PV Cashflow Savings @ 2.383%(AIC)83,743.78 Contingency or Rounding Amount 171.19 Net Present Value Benefit $83,914.97 Net PV Benefit / $655,000 Refunded Principal 12.811% Net PV Benefit / $698,000 Refunding Principal 12.022% Refunding Bond Information Refunding Dated Date 5/18/2016 Refunding Delivery Date 5/18/2016 VML/VACo Finance Leading Provider of Financial Services to Virginia Local Governments Preliminary VML/VACo Finance Town of Vinton, Virginia Water & Sewer Revenue Refunding Bond, Series 2016B Advance Refunding of Series 2007 Callable Bonds @ 2.05% Debt Service Comparison Part 1 of 2 Date Total P+I Existing D/S Net New D/S Old Net D/S Savings Fiscal Total 05/18/2016 ------ 08/01/2016 47,445.09 132,800.00 180,245.09 172,675.00 (7,570.09)- 02/01/2017 17,947.75 5,300.00 23,247.75 45,175.00 21,927.25 - 06/30/2017 -----14,357.16 08/01/2017 47,947.75 135,300.00 183,247.75 175,175.00 (8,072.75)- 02/01/2018 17,640.25 2,700.00 20,340.25 42,575.00 22,234.75 - 06/30/2018 -----14,162.00 08/01/2018 47,640.25 137,700.00 185,340.25 177,575.00 (7,765.25)- 02/01/2019 17,332.75 -17,332.75 39,875.00 22,542.25 - 06/30/2019 -----14,777.00 08/01/2019 191,332.75 -191,332.75 184,875.00 (6,457.75)- 02/01/2020 15,549.25 -15,549.25 36,250.00 20,700.75 - 06/30/2020 -----14,243.00 08/01/2020 190,549.25 -190,549.25 186,250.00 (4,299.25)- 02/01/2021 13,755.50 -13,755.50 32,500.00 18,744.50 - 06/30/2021 -----14,445.25 08/01/2021 194,755.50 -194,755.50 192,500.00 (2,255.50)- 02/01/2022 11,900.25 -11,900.25 28,500.00 16,599.75 - 06/30/2022 -----14,344.25 08/01/2022 193,900.25 -193,900.25 193,500.00 (400.25)- 02/01/2023 10,034.75 -10,034.75 24,375.00 14,340.25 - 06/30/2023 -----13,940.00 08/01/2023 197,034.75 -197,034.75 199,375.00 2,340.25 - 02/01/2024 8,118.00 -8,118.00 20,000.00 11,882.00 - 06/30/2024 -----14,222.25 08/01/2024 200,118.00 -200,118.00 205,000.00 4,882.00 - 02/01/2025 6,150.00 -6,150.00 15,375.00 9,225.00 - 06/30/2025 -----14,107.00 08/01/2025 202,150.00 -202,150.00 210,375.00 8,225.00 - 02/01/2026 4,141.00 -4,141.00 10,500.00 6,359.00 - 06/30/2026 -----14,584.00 08/01/2026 204,141.00 -204,141.00 215,500.00 11,359.00 - 02/01/2027 2,091.00 -2,091.00 5,375.00 3,284.00 - 06/30/2027 -----14,643.00 08/01/2027 206,091.00 -206,091.00 220,375.00 14,284.00 - 06/30/2028 -----14,284.00 Total $2,047,766.09 $413,800.00 $2,461,566.09 $2,633,675.00 $172,108.91 - VML/VACo Finance Leading Provider of Financial Services to Virginia Local Governments Preliminary VML/VACo Finance Town of Vinton, Virginia Water & Sewer Revenue Refunding Bond, Series 2016B Advance Refunding of Series 2007 Callable Bonds @ 2.05% Debt Service Comparison Part 2 of 2 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 149,801.21 Net PV Cashflow Savings @ 2.298%(AIC)149,801.21 Contingency or Rounding Amount 722.13 Net Present Value Benefit $150,523.34 Net PV Benefit / $1,595,000 Refunded Principal 9.437% Net PV Benefit / $1,791,000 Refunding Principal 8.404% Refunding Bond Information Refunding Dated Date 5/18/2016 Refunding Delivery Date 5/18/2016 VML/VACo Finance Leading Provider of Financial Services to Virginia Local Governments 1 Meeting Date May 3, 2016 Department Planning and Zoning Issue Briefing on the Virginia Department of Transportation’s (VDOT) request for the Town of Vinton to execute the Programmatic Project Administration Agreement (PPAA) Extension Addendum for Glade Creek Greenway Phase 1 Revenue Sharing Project. Summary On April 12, 2016, Staff received an email from Jay Guy, Program Manager with the VDOT Salem District Office informing Staff that the Town of Vinton’s Glade Creek Greenway Phase 1 PPAA will be expiring on June 30, 2016. In order to continue with the current agreement for the Project, and to keep all appendices as part of the PPAA, the Town can opt to sign an extension addendum. In doing so, the PPAA will remain in effect until June 30, 2019 (FY 2019). If the Town opts to not sign the PPAA extension addendum, a new agreement with appendices for Glade Creek Greenway Phase 1 Project, which is part of the PPAA, will be required by the end of June 2016. In opting for the three year extension, the attached PPAA Extension Addendum must be signed by the Town’s authorized personnel, and the three original signed PPAA forms must be returned to Mr. Guy by May 20, 2016. This is to ensure that VDOT will have ample time to get everything executed so there is no lapse in the agreement. Additionally, due to a recent VDOT requirement, each locality, by resolution, must provide assurance of its commitment to funding the Project and in meeting its financial obligation under the Program. Also, VDOT is requesting that, in that same resolution, the locality provides its designation of signature authority, so that there is no question regarding commitment of funds and signature authority. Attachments Existing Glade Creek Greenway Phase 1 PPAA, Appendices A and A2, Appendices B and B2. Recommendation No action required Town Council Agenda Summary 1 Meeting Date May 3, 2016 Department Planning and Zoning Issue Briefing on Botetourt County’s request to join the Roanoke Valley Greenway Commission and the Amended and Restated Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission to include Botetourt County. Summary The purpose of the Roanoke Valley Greenway Commission (“Greenway Commission”) is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. Following completion of the 1995 Roanoke Valley Conceptual Greenway Plan, the Greenway Commission was formed in 1997, when the Cities of Roanoke and Salem, the County of Roanoke, and the Town of Vinton entered into an Intergovernmental Agreement. The Roanoke Valley Conceptual Greenway Plan was updated in 2007, and subsequently, the Intergovernmental Agreement was revised in 2008 and adopted by the Vinton Town Council on December 16, 2008 (Ordinance No. 875). The Botetourt County Board of Supervisors adopted a resolution on October 27, 2015, requesting consideration of membership in the Greenway Commission, effective July 1, 2016. Connecting trails in Botetourt County to the Roanoke Valley Greenway network will enable citizens in the current member localities to access important outdoor recreational opportunities, such as U.S. Bike Route 76 and the Appalachian Trail, as well as various trails in the George Washington and Jefferson National Forests. Botetourt County has established its own Comprehensive Trail Plan and has been actively developing land and water trails to include the Greenfield Trail System, the Upper James River Water Trail, and the Daleville Greenway. Botetourt County has secured MAP-21/Transportation Alternatives Program funding from the Virginia Department of Transportation (VDOT) for the Daleville Greenway. Botetourt County would like to connect to existing trails at Carvins Cove and proposed trails such as the Tinker Creek Greenway. Town Council Agenda Summary 2 The Amended and Restated Intergovernmental Agreement states that, “Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added.” The Greenway Commission passed a resolution on March 23, 2016, to forward Botetourt County’s request to join the Greenway Commission to the Participating Localities with a recommendation of approval. Vinton’s representatives on the Greenway Commission (Matt Hare, Arthur LaRoche, Anita McMillan, and Janet Scheid) have been very involved in this process. Mr. LaRoche is the Town’s representative on the Executive Committee of the Greenway Commission. The proposed amendments to the Greenway Commission’s Amended and Restated Intergovernmental Agreement have been written in consultation with attorneys, including the Town Attorney, Theresa Fontana, and staff from each jurisdiction. In addition to adding Botetourt County to the document, proposed changes include: • A Preamble establishing the intent of the Participating Localities; • Removing the Western Virginia Land Trust specifically as a group to work closely with, and instead including the more general phrase “nonprofit organizations”; • Updating the name of the Roanoke Valley Transportation Planning Organization; • Simplifying the non-voting member language; and • Adding the requirement that the Commission shall adopt an annual budget which reflects current practice. It is requested and anticipated that each of the current participating localities adopt an ordinance approving Botetourt’s request to join the Roanoke Valley Greenway Commission by the end of the 2015-2016 Fiscal Year, so that the Greenway Commission could start the 2016-2017 Fiscal Year with Botetourt County as a member. Attachments 1. A letter from the chairman of the Greenway Commission, explaining the request and the recommendation 2. Botetourt's resolution requesting admission 3. The Greenway Commission's resolution recommending approval 4. An amended Intergovernmental Agreement to add Botetourt, a redline version with changes tracked 5. The same amended Intergovernmental Agreement in a clean version, including all the changes Recommendation No action required 1206 KESSLER MILL ROAD SALEM, VA 24153 540-777-6330 540-387-6146 (FAX) lbelcher@roanokecountyva.gov www.greenways.org April 8, 2016 Mr. Barry W. Thompson Interim Town Manager for Vinton 311 South Pollard St. Vinton, VA 24179 Re: Request by Botetourt County to join the Greenway Commission Dear Mr. Thompson: Botetourt County has requested to join the Roanoke Valley Greenway Commission. This is exciting news and represents an important step in the growth of our greenway network, as well as recognition of the benefits of greenways to all the Valley’s citizens. Connecting Botetourt to our greenways will enable citizens in the current member localities to access important recreational opportunities in Botetourt, such as the James River, Appalachian Trail, and various National Forest lands. It will also add to prominence of our greenway system, which is a major driver of economic development, and which has become part of the identity of our region. The Greenway Commission has explored this proposal with previous and current staff from Botetourt and has discussed it at numerous meetings. Rather than just forwarding Botetourt’s resolution to you, we felt that we should explore the ramifications of such an addition. We have done so, and at the March 23 meeting, the Commission unanimously passed a resolution to recommend approval of Botetourt’s request. Our current Intergovernmental Agreement states that, in order to add a new member, each existing member must pass an ordinance. Town Council took action approving that Agreement in 2008 with Ordinance #875. Approval of a new member requires unanimous approval from the existing members. We have consulted with the attorneys from each jurisdiction and have drafted an updated version of the Intergovernmental Agreement to include Botetourt County. Changes are noted in the redline version, and a clean version is also attached. These changes include updates in names and deletion of the Land Trust as a voting member. If we can be of further assistance, or can answer any questions, please do not hesitate to contact Liz Belcher, or myself. This is an important moment for greenways in the valley, and we look forward to working with you as we move forward into the future together. Sincerely, Benjamin W. Tripp, Chairman Roanoke Valley Greenway Commission Attachments: Botetourt County’s Resolution Requesting Membership Roanoke Valley Greenway Commission Resolution Recommending Approval Amended Intergovernmental Agreement, Redline Version Amended Intergovernmental Agreement, Black Version AMENDED AND RESTATED REVISION TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION 1 AMENDED AND RESTATED REVISION TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION December 2008 July 1, 2016 This Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission is made as of this 1st day of July, 2016, by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia. PREAMBLE A. The City of Roanoke, the City of Salem, the Town of Vinton, and the County of Roanoke (“Original Participating Localities”) entered into an Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission in 1997 (“Intergovernmental Agreement”) and revised the Intergovernmental Agreement in 2008. B. The Original Participating Localities desire to amend and restate the revised Intergovernmental Agreement to allow the County of Botetourt to join the Roanoke Valley Greenway Commission as a participating locality. C. The Original Participating Localities and the County of Botetourt have submitted this Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission (“Agreement”) to their governing boards for approval, and each locality has approved the Agreement in accordance with Section 15.2-1300, Code of Virginia (1950), as amended. D. The Original Participating Localities and the County of Botetourt (collectively, the “Participating Localities”) agree that this Agreement shall amend, restate and replace the revised Intergovernmental Agreement. 1. PURPOSE The purpose of the Roanoke Valley Greenway Commission (“Commission”) is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. BENEFITS OF A GREENWAY SYSTEM This greenway system, in which each greenway is owned and operated by the Pparticipating Llocality in which it is located, is intended to enhance the quality of life for Valley citizens and visitors and to: 2 (a) Provide safe and efficient alternative transportation linkages among recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) Encourage citizen wellness and maintain environments which promote opportunities for recreation activities; (c) Protect environmental assets and retain beneficial ecological habitats; (d) Maintain a contiguous urban forest ecosystem to redu ce community wide environmental problems such as excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) Promote an appreciation for the Valley’s natural, historical and cultural resources and its neighborhoods; (f) Protect and link significant remnants of the community’s undeveloped open spaces, woodlands, and wetlands; and (g) Enhance the Valley’s appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND PARTIES TO THE AGREEMENT This Agreement, and any amendments thereto, shall be effective, and the Commission shall be established, pursuant to §15.2-1300, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke, and the Town of Vinton, and the County of Botetourt, each herein being referred to as a “Pparticipating Llocality”. Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement through adoption of ordinances by the existing Pparticipating Llocalities and upon adoption of an ordinance by the governing body of the locality requesting to be added. 4. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: 3 (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December 1995, and the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, and other Roanoke Valley Greenway Plan updates, as amended; to review these plans every five years and revise as necessary; and to encourage inclusion of a coordinated system of greenways into each Pparticipating Llocality’s planning efforts; (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate, recommend, and help solicit funding, grants, and/or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain gGreenways within the Roanoke Valley; (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley-wide; (f) To actively pursue and promote public/private partnerships, work closely with the Western Virginia Land Trust and similar nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing, and maintaining a system of greenways throughout the Valley; (g) To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create a Valley-wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs; (h) To assist the Pparticipating Llocalities with developing project plans and timetables for greenwa ys and with defining roles and responsibilities for each project; and (i) To coordinate with Pathfinders for Greenways, Inc. in its use of volunteers to assist Pparticipating Llocalities with 4 construction and maintenance of greenways and in its solicitation of private sector funding for greenway development. 5. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Up to three (3) members from each of the Pparticipating Llocalities to be appointed by the governing bodies, each for a term of three (3) years, with appointments to be staggered. Each member shall be a resident of the locality which he or she represents; (2) One (1) member appointed by the Roanoke Valley Area Metropolitan Transportation Planning Organization for a term of three (3) years; (3) Up to two (2) staff members from each of the Pparticipating Llocalities, appointed by the chief administrative officer; and (4) One member appointed by Pathfinders for Greenways, Inc., the nonprofit group established to support greenways in the Roanoke Valley. (b) In addition to the above members, one representative from each of the following organizations individuals, or their designated representatives, shall serve as ex-officio, a non- voting members of the Greenway Commission: (1) One (1) representative of the Western Virginia Land Trust; (12) One (1) representative of Tthe W estern Virginia Water Authority; and (23) One (1) staff member from tThe Roanoke Valley Alleghany Regional Commission. 5 (34) The Commission may add ex-officio members, as appropriate, from Such interested organizations as the Commission may approve. (c) A vacancy for the remainder of any term of any member shall be filled by the governing body or person making the original appointment. (d) The members of the Commission shall serve without compensation. 6. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public, except closed meetings may be held pursuant to the provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chair or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. 7. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for the Commission shall be administered through an agreed-upon fiscal agent. (c) The Commission shall adopt an annual budget. (dc) Operating revenue for the Commission shall be funded by the Pparticipating Llocalities on an equal per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. (ed) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the Pparticipating Llocalities. 6 (fe) The Commission shall be authorized to apply for and receive, through its fiscal agent, grants and donations for use in support of the greenway program. 8. ADMINISTRATION (a) An annual report shall be prepared and submitted to the governing body of each Pparticipating Llocality each calendar year. (b) The Commission may establish any committees necessary to fulfill the responsibilities and duties of the Commission. 9. DURATION (a) This Agreement shall remain in force until terminated or modified by action of the governing bodies of all Pparticipating Llocalities. (b) A Pparticipating Llocality may withdraw from this Agreement by adoption of an appropriate ordinance. 10. AMENDMENTS This Agreement may be amended only by approval by the governing bodies of each Pparticipating Llocality. 11. LIABILITY To the extent permitted by law, the Pparticipating Llocalities agree to indemnify, keep and hold the members of the Commission and its staff free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or its staff, the Pparticipating Llocalities shall pay reasonable costs of defense. Any costs of the Pparticipating Llocalities under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGES 7 WITNESS our hands and seals as of the date set forth at the beginning of this Agreement. ATTEST: CITY OF ROANOKE ________________________ By________________________________ City Clerk Christopher P. Morrill, City Manager Approved as to form: Ordinance No.:__________________ _________________ City Attorney ATTEST: COUNTY OF ROANOKE ________________________ By_________________________________ County Clerk Thomas C. Gates, County Administrator Approved as to form: Ordinance No.:__________________ _________________ County Attorney ATTEST: CITY OF SALEM ________________________ By_____________________________ City Clerk Kevin S. Boggess, City Manager Approved as to form: Ordinance No.:__________________ _________________ City Attorney 8 ATTEST TOWN OF VINTON ________________________ By_____________________________ Town Clerk Barry W. Thompson, Interim Town Manager Approved as to form: Ordinance No.:__________________ _________________ Town Attorney ATTEST: COUNTY OF BOTETOURT ________________________ By_________________________________ County Clerk Gary Larrowe, County Administrator Approved as to form: Ordinance No.:__________________ _________________ County Attorney WITNESS our hands and seals this ______ day of _____________, 2009. ATTEST: CITY OF ROANOKE Ordinance 38311-121508 ________________________ By_____________________________ By_____________________________ ATTEST COUNTY OF ROANOKE Ordinance 121608-8 9 ________________________ By_____________________________ ATTEST: CITY OF SALEM Ordinance of January 12, 2009 ________________________ By_____________________________ ATTEST TOWN OF VINTON Ordinance 875 ________________________ By_____________________________ AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION 1 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION July 1, 2016 This Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission is made as of this 1st day of July, 2016, by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia. PREAMBLE A. The City of Roanoke, the City of Salem, the Town of Vinton, and the County of Roanoke (“Original Participating Localities”) entered into an Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission in 1997 (“Intergovernmental Agreement”) and revised the Intergovernmental Agreement in 2008. B. The Original Participating Localities desire to amend and restate the revised Intergovernmental Agreement to allow the County of Botetourt to join the Roanoke Valley Greenway Commission as a participating locality. C. The Original Participating Localities and the County of Botetourt have submitted this Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission (“Agreement”) to their governing boards for approval, and each locality has approved the Agreement in accordance with Section 15.2-1300, Code of Virginia (1950), as amended. D. The Original Participating Localities and the County of Botetourt (collectively, the “Participating Localities”) agree that this Agreement shall amend, restate and replace the revised Intergovernmental Agreement. 1. PURPOSE The purpose of the Roanoke Valley Greenway Commission (“Commission”) is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. BENEFITS OF A GREENWAY SYSTEM This greenway system, in which each greenway is owned and operated by the Participating Locality in which it is located, is intended to enhance the quality of life for Valley citizens and visitors and to: 2 (a) Provide safe and efficient alternative transportation linkages among recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) Encourage citizen wellness and maintain enviro nments which promote opportunities for recreation activities; (c) Protect environmental assets and retain beneficial ecological habitats; (d) Maintain a contiguous urban forest ecosystem to reduce community wide environmental problems such as excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) Promote an appreciation for the Valley’s natural, historical and cultural resources and its neighborhoods; (f) Protect and link significant remnants of the community’s undeveloped open spaces, woodlands, and wetlands; and (g) Enhance the Valley’s appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND PARTIES TO THE AGREEMENT This Agreement, and any amendments thereto, shall be effective, and the Commission shall be established, pursuant to §15.2-1300, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke, the Town of Vinton, and the County of Botetourt, each herein being referred to as a “Participating Locality”. Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added. 4. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: 3 (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December 1995, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, and other Roanoke Valley Greenway Plan updates, as amended; to review these plans every five years and revise as necessary; and to encourage inclusion of a coordinated system of greenways into each Participating Locality’s planning efforts; (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate, recommend, and help solicit funding, grants, and/or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain greenways within the Roanoke Valley; (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley-wide; (f) To actively pursue and promote public/private partnerships, work closely with nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing, and maintaining a system of greenways throughout the Valley; (g) To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create a Valley-wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs; (h) To assist the Participating Localities with developing project plans and timetables for greenways and with defining roles and responsibilities for each project; and (i) To coordinate with Pathfinders for Greenways, Inc. in its use of volunteers to assist Participating Localities with 4 construction and maintenance of greenways and in its solicitation of private sector funding for greenway development. 5. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Up to three (3) members from each of the Participating Localities to be appointed by the governing bodies, each for a term of three (3) years, with appointments to be staggered. Each member shall be a resident of the locality which he or she represents; (2) One (1) member appointed by the Roanoke Valley Transportation Planning Organization for a term of three (3) years; (3) Up to two (2) staff members from each of the Participating Localities, appointed by the chief administrative officer; and (4) One member appointed by Pathfinders for Greenways, Inc., the nonprofit group established to support greenways in the Roanoke Valley. (b) In addition to the above members, one representative from each of the following organizations shall serve as a non-voting member of the Greenway Commission: (1) The Western Virginia Water Authority; (2) The Roanoke Valley Alleghany Regional Commission; and. (3) Such interested organizations as the Commission may approve. (c) A vacancy for the remainder of any term of any member shall be filled by the governing body or person making the original appointment. 5 (d) The members of the Commission shall serve without compensation. 6. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public, except closed meetings may be held pursuant to the provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chair or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. 7. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for the Commission shall be administered through an agreed-upon fiscal agent. (c) The Commission shall adopt an annual budget. (d) Operating revenue for the Commission shall be funded by the Participating Localities on an equal per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. (e) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the Participating Localities. (f) The Commission shall be authorized to apply for and receive, through its fiscal agent, grants and donations for use in support of the greenway program. 6 8. ADMINISTRATION (a) An annual report shall be prepared and submitted to the governing body of each Participating Locality each calendar year. (b) The Commission may establish any committees necessary to fulfill the responsibilities and duties of the Commission. 9. DURATION (a) This Agreement shall remain in force until terminated or modified by action of the governing bodies of all Participating Localities. (b) A Participating Locality may withdraw from this Agreement by adoption of an appropriate ordinance. 10. AMENDMENTS This Agreement may be amended only by approval by the governing bodies of each Participating Locality. 11. LIABILITY To the extent permitted by law, the Participating Localities agree to indemnify, keep and hold the members of the Commission and its staff free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or its staff, the Participating Localities shall pay reasonable costs of defense. Any costs of the Participating Localities under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGES 7 WITNESS our hands and seals as of the date set forth at the beginning of this Agreement. ATTEST: CITY OF ROANOKE ________________________ By________________________________ City Clerk Christopher P. Morrill, City Manager Approved as to form: Ordinance No.:__________________ _________________ City Attorney ATTEST: COUNTY OF ROANOKE ________________________ By_________________________________ County Clerk Thomas C. Gates, County Administrator Approved as to form: Ordinance No.:__________________ _________________ County Attorney ATTEST: CITY OF SALEM ________________________ By_____________________________ City Clerk Kevin S. Boggess, City Manager Approved as to form: Ordinance No.:__________________ _________________ City Attorney 8 ATTEST TOWN OF VINTON ________________________ By_____________________________ Town Clerk Barry W. Thompson, Interim Town Manager Approved as to form: Ordinance No.:__________________ _________________ Town Attorney ATTEST: COUNTY OF BOTETOURT ________________________ By_________________________________ County Clerk Gary Larrowe, County Administrator Approved as to form: Ordinance No.:__________________ _________________ County Attorney