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HomeMy WebLinkAbout11/17/2015 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, November 17, 2015 AGENDA Consideration of: A. 6:00 p.m. - WORK SESSION 1. Briefing on restructuring of the Captain/Department Head position at the Vinton Fire/EMS Department. 2. Briefing on the status of the Virginia Department of Transportation (VDOT) Office of Intermodal Planning and Investment (OIPI) Urban Development Areas (UDA) Planning Grant. B. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. CONSENT AGENDA 1. Consider approval of the minutes for the following: a. Regular meeting of October 20, 2015 b. Strategic Planning Retreat of October 26, 2015 c. Strategic Planning Retreat of October 28, 2015 G. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Co-Officers of the Month for October 2015 H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. 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 I. PUBLIC HEARINGS 1. Consideration of public comments regarding the petition of Old School Partners, LLC, Authorized Agent, for a rezoning of the former Roland E. Cook School Property, from R-2 Residential to Mixed Use Development (MUD) to convert to 21 residential apartments with supporting recreational/small business uses, at 412 S. Poplar Street, Vinton, Tax Map Number 060.16-09-39.00 and 40.00. a. Open Public Hearing • Report from staff • Receive public comments • Council discussion and questions b. Close Public Hearing c. Council to consider adoption of Ordinance 2. Consideration of public comments regarding a proposed ordinance to grant a twenty (20) year Gas Franchise to Roanoke Gas Company commencing on January 1, 2016. a. Open Public Hearing • Report from staff • Receive public comments • Council discussion and questions b. Close Public Hearing c. Council to consider adoption of Ordinance J. TOWN ATTORNEY K. TOWN MANAGER ITEMS REQUIRIING ACTION 1. Consider adoption of a Resolution approving the one-time payment of $2,748.75 to Vinton Baptist Church and authorizing the Town Manager to execute the Parking and Paving Contribution Agreement formalizing the agreement between the two parties. 2. Consider adoption of a Resolution appropriating funds in the amount of $6,000 received from the Roanoke County Friends of the Library for street lighting. L. FINANCIAL REPORT FOR SEPTEMBER 2015 M. MAYOR N. COUNCIL 1. Appointment of Theresa Fontana as Town Attorney retroactive to January 1, 2015. 2. Comments from Council Members O. ADJOURNMENT 3 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 COUNCIL MEETINGS/COMMITTEES: November 18, 2015 – 10:00 a.m. – Dedication of Vinton Branch Library November 18, 2015 – 3:00 p.m. – Finance Committee Meeting – Finance Department Conference Room November 19, 2015 – 8:00 a.m. – Vinton Area Chamber of Commerce, State of the Town and Membership Meeting – Vinton War Memorial November 23, 2015 – 6:15 p.m. - Special Council Meeting – Closed Session – TOV Conference Room November 30, 2015 – 6:15 p.m. – Special Council meeting – Closed Session – TOV Conference Room December 1, 2015 – 6:00 p.m. – Work Session followed by Regular Council Meeting at 7:00 p.m. – Council Chambers December 2, 2015 – 6:15 p.m. – Special Council meeting – Closed Session – TOV Conference Room Meeting Date November 17, 2015 Department Administration Issue Briefing on restructuring of the Captain/Department Head position at the Vinton Fire/EMS Department Summary The Town Manager will provide a summary briefing on changes to the position of Captain of the Vinton Fire/EMS Department. Current staffing provides one town Captain on a 24-hour shift. Proposed changes include a title change from Captain to Deputy Chief and changing the shift from a 24-hour to a 12-hour. In addition, we would also create a shift Captain position to remain a 24-hour shift and be one of three Captains to run the response operations of the shift. The Deputy Chief will continue to focus on department head responsibilities, emergency management functions, building maintenance operations, and still run calls. Attachments None Recommendations No action required Town Council Agenda Summary 1 Meeting Date November 17, 2015 Department Planning and Zoning Issue Briefing on the status of the Virginia Department of Transportation (VDOT) Office of Intermodal Planning and Investment (OIPI) Urban Development Areas (UDA) Planning Grant. Summary On July 7, 2015, the Town Council and Planning Commission were informed that OIPI technical assistance grants would be available through August 31, 2015, to help localities that are considering amending their comprehensive plans to include UDAs or UDA-like areas. Staff was directed to submit the grant application. The grant application in the amount of $65,000 was submitted on July 8, 2015. On July 17, 2015, OIPI awarded the Town the requested technical assistance grant. At the September 1, 2015, meeting of the Town Council, Resolution No. 2116 was adopted authorizing the Town Manager to execute an Agreement with the Commonwealth of Virginia, Office of Intermodal Planning and Investment (OIPI), for the Urban Development Areas (UDA) Planning Grant. An agreement between OIPI and the Town was signed by the Town Manager on September 3, 2015. The agreement has been sent to OIPI to be executed. The agreement contains a list of tasks to be completed by the Town. At the August 6, 2015, meeting of the Vinton Planning Commission, Dawn Michelsen was appointed to serve as the Planning Commission’s representative on the Planning Grant Steering Committee. Dave Jones was also appointed to the steering committee as an alternate Planning Commission representative. Additionally, on September 15, 2015, the Town Council appointed Council member Janet Scheid to serve on the steering committee. Beginning in the middle of October, Staff has been working with Sachin Kalbag, Project Manager with Michael Baker International, to develop the UDA Project Scope of Services and Town Council Agenda Summary 2 Schedule. Michael Baker International and Renaissance Planning Group are the two consultant teams hired by VDOT to provide the professional consulting services for the establishment of Urban Development Area (UDAs) within the Town. Additionally, on November 2, 2015, several property and/or business owners were contacted by Staff to find out if they would be willing to serve on the UDA Planning Grant Steering Committee. To date the following property/business owners have agreed to serve on the Committee: • Stephanie Brown – Property/Business Owner, Southern Property Real Estate, Inc., 222 S. Pollard Street • Angie Chewning – Executive Director, Vinton Area Chamber of Commerce • Tim Greenway – Property/Business Owner, Greenway Construction, 118 E. Lee Avenue • Allison Finney – Property/Business Owner, American Efficiency Inn, 502 S. Pollard Street • Bob Lewis – Business Owner, McDonald’s Restaurant, 809 Hardy Road • Bruce Mayer – Property/Business Owner, 1106 Washington Avenue • Chris McCarty – Property/Business Owner, Grand Rental, 1103 Vinyard Road • Roger Saunders – Property/Business Owner, Four S Associates, 1601 Mountain View Road Additional Committee Members: • Janet Scheid – Town Council, 1453 Wolf Creek Drive • Robert “Bob” Benninger – Board of Zoning Appeals (BZA) Member, 1206 Jeannette Avenue • Dawn Michelsen – Planning Commission Member, 225 N. Maple Street • Dave Jones – Planning Commission Alternate Member, 806 Olney Road • Chris Lawrence – Town Manager • Anita McMillan – Planning and Zoning Director • Gary Woodson – Public Works Director • Philip Thompson – Deputy Director of Planning, Roanoke County Department of Community Development It is anticipated that the planning process will take about eight (8) months. The kick-off meeting is scheduled for Monday, November 30, 2015 at 4:00 p.m. Attachment UDA Scope of Services and Schedule – 7 Pages Recommendations No action required Town of Vinton , Virginia UDA Grant Scope of Services 10/26/2015 Introduction The Urban Development Area Local Government Assistance Program (“Grant Program”) is a grant program administered by the Virginia Department of Transportation (VDOT) to provide consultant assistance to Virginia localities in complying with § 15.2-2223.1 of the Code of Virginia, relating to urban development areas. The Town of Vinton (the Town) has been awarded a Tier 1 Grant under this program for $65,000 in the form of consultant assistance, with the assignment of the Michael Baker International and the Renaissance Planning Group, which shall be known as the “Consultant Team,” to provide the professional consulting services. The following Scope of Services defines the proposed professional services to be provided by the Consultant Team to the Town within the overall requirements of the Grant Program. The following scope is the result of meetings and discussions between the Consultant Team and Town staff and is subject to final approval by the Office of Intermodal Planning and Investment (OIPI). The scope is described with a detailed narrative of tasks and deliverables to be accomplished, along with a summary of each task (in the sidebar to the right), and an accompanying hours estimate. The hours estimate is based on the approved rates for the OIPI On-Call contract between OIPI and Michael Baker International. The Consultant Team will assist the Town in recognizing the needs of the Town with respect to its business districts while establishing the UDA(s) in areas for new development or redevelopment, incorporate design guidelines to codify complete streets and help with the identification and assistance in designating UDA(s) within the Town, as well as the implementation of well thought out UDA(s).The Town may consider whether to implement the proposed UDA(s) through a Comprehensive Plan amendment process. The establishment of the UDA(s) shall be planned in coordination with the needs of the Town, the Comprehensive Plan, and the sensitivity to well established Zoning Districts. Consultant Team Responsibilities The Consultant will perform all professional services proposed in this scope in a timely and professional manner, according generally to the schedule enclosed herein and provide deliverables in a timely manner for Town staff review to allow scheduling benchmarks to be met. Final deliverables will be 2 provided one week to 10 business days in advance of meeting dates, as appropriate, to correspond with mailing requirements. Actual dates for On-Site Workshops and On-Site Meetings will be scheduled upon consultation with Town staff. Town Responsibilities  Identifying and inviting key officials and stakeholders to participate in all key meetings  Review and comment on draft work products in a timely manner to allow consultant to meet scheduling benchmarks  Provide relevant data needed to develop the deliverables and assist to collect needed data from other agencies  Coordinate meeting logistics and distribute agendas and draft materials  Print and distribute draft reports for review by stakeholders and committee members Project Coordination and Staffing The following outline of project roles and responsibilities is intended to clarify “who does what” on this phase of the project: Sachin Kalbag, AICP, LEED-GA, Project Manager (Michael Baker International)  Overall project leadership and direction  Guidance on comprehensive planning, zoning and subdivision issues  Co-leader for public and stakeholder presentations and meetings Vlad Gavrilovic, AICP, Project Manager (Renaissance Planning Group)  Project advisor, technical guidance on comprehensive planning, zoning and subdivision issues  Liaison for contract issues and VDOT coordination  QA/QC review of comprehensive planning, zoning and subdivision deliverables Scudder Wagg, Technical Manager (Michael Baker International)  QA/QC review of comprehensive planning, zoning and subdivision deliverables Matt Ucci, Planner/Technical (Michael Baker International)  Support for public and stakeholder presentations and meetings  Production of GIS mapping, technical analysis, production of final comprehensive planning, zoning and subdivision deliverables 3 Task 1 Project Initiation 1.1 Review & Annotate Policy and Code Documents 1.2 Conduct reconnaissance of potential UDA sites and surrounding areas 1.3 Facilitate and conduct Kick Off briefing with Advisory Committee and/or Town officials 1.4 Prepare Summary Memorandum TASK #1 Consultant Team  Review & Annotate Policy and Code Documents  Conduct reconnaissance of potential UDA sites and surrounding areas  Facilitate and conduct Kick Off briefing with Advisory Committee and/or Town officials  Prepare Summary Memorandum Town Staff  Send copies of plans, background materials and relevant plans to consultant team (including GIS files and data on project areas)  Organize and accompany consultant team on reconnaissance  Participate in meetings with consultant team Coordination Meetings  1-1/2 day trip to Town to conduct site reconnaissance and meetings with Advisory Committee and/or Town officials Task Product(s)  Base map series  Briefing presentation for staff and/or stakeholders/ officials  Tech Memo summarizing review of Policy and Code Documents Schedule Considerations  Completed 2 months after Project Initiation 4 Task 2 ANALYSIS OF UDA SITE POTENTIAL 2.1 Conduct inventory/analysis mapping of Town and potential UDA areas o Parcels and acreages o Land Use and Growth Patterns o Environmental and natural features o Zoning and Policy Areas 2.2 Development of UDA goals and criteria for evaluating candidate UDA sites and for determining UDA boundaries. 2.3 Prepare Draft Comprehensive Plan Amendments to define UDAs (targeted growth areas) 2.4 Refine UDA Boundaries & Comprehensive Plan Draft TASK #2 Consultant Team  Conduct inventory/analysis mapping of Town and potential UDA areas  Development of UDA goals and criteria for evaluating candidate UDA sites and for determining UDA boundaries  Prepare Draft Comp Plan Amendments to define UDAs (targeted growth areas)  Refine UDA Boundaries & Comp Plan Draft Town Staff  Review drafts of inventory and analysis mapping, Comp Plan Amendment Drafts and potential UDA boundaries and provide any missing datasets to complete analysis  Participate in teleconferences and meetings with consultant team Coordination Meetings  2 teleconferences with staff to review Inventory/Analysis and brainstorm potential UDA alternatives  One 1-1/2 day trip to Town to conduct meetings and stakeholder workshop with staff and Advisory Committee and/or Town officials. Task Product(s)  Inventory/Analysis map series  Draft UDA mapping  Draft Comp Plan Amendments  Briefing presentation/materials for staff Schedule Considerations  Completed 4 months after Project Initiation 5 Task 3 ZONING AND SUBDIVISION ORDINANCE REVISIONS 3.1 Coordination with staff on potential Zoning/Subdivision amendments (teleconference) 3.2 Prepare Draft Zoning Ordinance Amendment 3.3 Prepare Draft Subdivision Ordinance Amendment 3.4 Coordination with staff on Draft Zoning/Subdivision Amendments (teleconference) . 3.5 Refine Zoning & Subdivision Ordinance Drafts 3.6 Prepare Final Zoning & Subdivision Ordinance Amendments TASK #3 Consultant Team  Coordination with staff on potential Zoning/Subdivision amendments (teleconference)  Prepare Draft Zoning Ordinance Amendment  Prepare Draft Subdivision Ordinance Amendment  Coordination with staff on Draft Zoning/Subdivision Amendments (teleconference)  Refine Zoning & Subdivision Ordinance Drafts  Prepare Final Zoning & Subdivision Ordinance Amendments Town Staff  Review drafts of Zoning/Subdivision amendments  Participate in meetings/teleconferences with consultant team Coordination Meetings  2 teleconferences with staff to review Inventory/Analysis and brainstorm potential UDA alternatives  One 1-1/2 day trip to Town to conduct meetings and stakeholder workshop with staff and Advisory Committee and/or Town officials. Task Product(s)  Draft and Final Zoning/Subdivision amendments  Briefing presentation/materials for staff Schedule Considerations  Completed 6 months after Project Initiation 6 Task 4 DOCUMENTATION AND PLAN/ORDINANCE ADOPTION 4.1 Prepare Draft Report on UDAs and Comp Plan and Zoning/Subdivision Amendments on UDA’s and Comprehensive Plan and Zoning/Subdivision 4.2 Coordination with Town staff on Draft Report (teleconference) 4.3 Prepare Final Report on UDAs and Comp Plan and Zoning/Subdivision Amendments UDA’s and Comprehensive Plan and Zoning/Subdivision 4.4 Planning Commission/Town Council Joint Public Hearing TASK #4 Consultant Team  Prepare Draft Report on UDAs and Comp Plan and Zoning/Subdivision Amendments  Coordination with staff on Draft Report (teleconference)  Prepare Final Report on UDAs and Comp Plan and Zoning/Subdivision Amendments  Planning Commission/Town Council Joint Public Hearing Town Staff  Review drafts of Final Report and provide input on refinements in a timely manner  Organize and staff the public hearing for adoption  Participate in meetings/teleconferences with consultant team Coordination Meetings  1 teleconference with staff to review Final Report  One 1-1/2 day trip to Town to present at Joint Public Hearing Task Product(s)  Draft and Final Project Report  Public hearing presentation for public, town officials Schedule Considerations  Completed 8 months after Project Initiation SCHEDULE TASK | MONTH Sept Oct Nov Dec Jan Feb March April May June Task 1 PROJECT INITIATION 1-1/2 Day Trip: Conduct reconnaissance of potential UDA sites and surrounding areas and conduct Kick Off briefing with Advisory Committee and/or Town officials Review & Annotate Policy and Code Documents Prepare Summary Memorandum Task 2 ANALYSIS OF UDA SITE POTENTIAL 1-1/2 Day Trip: Stakeholder Workshop Conduct inventory/analysis mapping of Town and potential UDA areas Develop UDA goals and criteria for evaluating candidate UDA sites and UDA boundaries Prepare Draft Comprehensive Plan Amendments to define UDAs (targeted growth areas) Refine UDA Boundaries & Comprehensive Plan Draft Task 3 ZONING & SUBDIVISION ORDINANCE REVISIONS 1-1/2 Day Trip: Stakeholders Workshop Coordination with staff on potential Zoning/Subdivision amendments (teleconference) Prepare Draft Zoning Ordinance Amendment Prepare Draft Subdivision Ordinance Amendment Coordination with staff on Draft Zoning/Subdivision Amendments (teleconference) Refine Zoning & Subdivision Ordinance Drafts Prepare Final Zoning & Subdivision Ordinance Amendments Task 4 DOCUMENTATION & PLAN/ORDINANCE ADOPTION 1-1/2 Day Trip: Planning Commission/Town Council Joint Public Hearing Prepare Draft Report on UDAs and Comp Plan and Zoning/Subdivision Amendments Coordination with staff on Draft Report (teleconference) Prepare Final Report on UDAs and Comp Plan and Zoning/Subdivision Amendments On-Site Meeting 2015 2016 7 Meeting Date November 17, 2015 Department Town Clerk Issue Consider approval of minutes for the following: a. Regular meeting of October 20, 2015 b. Strategic Planning Retreat of October 26, 2015 c. Strategic Planning Retreat of October 28, 2015 Summary None Attachments October 20, 2015 minutes October 26, 2015 minutes October 28, 2015 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, OCTOBER 20, 2015, 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 Janet Scheid Sabrina McCarty MEMBERS ABSENT: I. Douglas Adams, Jr. STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Anita McMillan, Planning & Zoning Director Donna Collins, Human Resources Director Barry Thompson, Finance Director/Treasurer Gary Woodson, Public Works Director The Mayor called the work session to order at 6:00 p.m. for a b Program. on October 1st she submitted the storm Sewer System (MS4) permit program, the Total Maximum Daily Load (TMDL) action plans Standard Operating Procedures (SOP) and the Stormwater Pollution Prevention Plan (SWPPP). As from DEQ on the TMDL Action Plans summary of potential Best Management Practices for the TMDLs. Ms. McMillan began a review of her presentation by commenting that the VPDES Permit Program TMDL Action Plans for Impaired Waterways. The VSMP for construction activities was transferred by DEQ to the localities in July of 2014 in order to address water quality issues Because the town is an MS4 locality we were told at that time that we could VSMP to another locality. Ms 2 meetings regarding how they were going to address the pollution diet. Clean Water Act in 1973 and after 30 years the water quality requirements were not being met. As late as September of last year, all the MS4 permit managers EPA. At the conference they were told that Virginia and Pennsylvania are failing, so the EPA from Region their permits. We runs for five years. We have to reapply 90 days prior to the expiration and pay a fee permit as well as an annual maintenance fee. We also have to advise DEQ and all the adjoining localities about any outfall that might go to the City of Roanoke and Roanoke C know that we are an own and maintain the roadways for Roanoke County. prevention/good housekeeping. With regard to public education contracted with they are part of the ed The Town, Roanoke City and Roanoke County share RVTV-3 pleased with the efforts made in these areas. With regard to illicit discharge outfalls River. By 2017, we will be responsible to inspect all of the outfalls to see where they are connected and if they are in good condition. on these pipes is handled on a complaint basis. Another issue 3 now the quality requirement kicks in and they are not designed for quality. With regard to the stormwater management program, Roanoke County has been the Town’s E since 1984. VSMP administrator for towns. pending with Roanoke County due to some questions that have been raised by home builders concerning the square footage to be disturbed to require a permit. elimination, Ms. McMillan next commented that we need to enhance our program because questioning if we have done dry-weather screening on our 36 outfalls. Since about ten of them. control, Roanoke County serves a administrator, but for the town and report it Ms. McMillan reminded Council of the two MOUs that have been in place since July of 2013 with the County for plan reviews and inspection services. There are 49 stormwater BMP facilities and we have sent letters know they have stormwater facilities in their backyards. The Town has four— the Gladet Road. The County has inspected the one at the War Memorial and Gladetown and they have asked for us to do something by December so they can proper follow-up inspection. DEQ in our annual report that we have inspected our have inspected them and that we have performed the required maintenance. Ms. McMillan commented that the reason why a lot of localities are now charging stormwater utility fees is to help with the costs of all of the requirements. Council Member Scheid asked in the interest of time to forward to the high-priority town facilities. Ms. McMillan commented that 4 one for the fueling center, main facility parking areas, secondary containment area, vehicle maintenance bay and workshop area at Public Works. There are still four SWPPPs to be done and the major one that storage of construction materials because it is beside the creek. The other three areas are where organic waste such as leaf another area for vehicle/equipment storage. The plans implemented by 2017. The TMDL action plans that were due to DEQ on October 1st Town with Roanoke County and we do not have PCB allocation that it is not fa being considered by DEQ. prevention/good housekeeping employees. Council Member Scheid asked how the issue with the would be handled by July 2016. The Town Manager commented that it will require an engineer to analyze them. DEQ is going to be looking for a plan and now implemented. Council Member that she appreciated the frustrations of and Mr. Woodson. When she visited the sites several months ago, it was clear that everyone was doing the best they could But we still need to get from here to July 1, 2016 and her. plans. She has receiv MS4 report which included the SWPPP for the facility that they completed. 5 that the matter be placed on another work session. Ms. keep up with what we are supposed to do, but this is and the solutions are now going to cost money. The Mayor called the regular meeting to order at 7:00 p.m. The Council Member McCarty, Council Member Scheid, Vice Mayor Hare and Mayor Grose present Council Member Adams was absent. Moment of Silence, Vice Mayor Hare led the Pledge of Allegiance to the U.S. Flag. Roll call Under upcoming community events, Council Member McCarty announced the Downtown Trick or Treating on October 29th reception at 6:00 p.m. on November 3rd, just prior to recognized during the regular meeting as well. She Monday evening. Market and through the downtown area. reception for Chief Cook will be at the War Memorial on Monday, November 2nd wo Town to be held on November 19th the War Memorial. approve the Consent Agenda as presented motion was seconded by Vice Mayor Hare and voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. Approved minutes for Regular meeting of September 15, 2015, Special called meeting of September 24, 2015, Special called meeting of October 7, 2015 and Special called meeting of October 14, 2015 The next item on the agenda was the appointment of an Interim Chief of Police. Following comments by the Mayor and his reading of a biography on Jeff Dudley, retired Chief from the City of Salem, Vice Mayor Hare appoint Jeff Dudley as the Interim Chief of Police The 6 members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. Appointed Jeff A. Dudley as Interim Chief of Police Under awards, recognitions and presentations, the Mayor read a plaque and then presented the plaque to Planning Commission for the Town. After expressed his appreciation. Council Member Scheid read a Proclamation recognizing Benjamin L. Cook who Chief of Police on October 25, 2015. After presented to Chief Cook. comments. Council Member McCarty read the Memo from Chief Cook naming Officer Officer of the month for September. Chief Cook recognized Michael Byrd who was Sergeant. public comments regarding a proposed ordinance to declare 123 Gus Nicks Boulevard, Tax Map Number 60.16-1- consider the structure and clear the property. opened the Public Hearing at 7:32 p.m. property owner last August and they had no contact until the day of the Planning Hearing on October 8, clearing part of the property. He was told that would several pictures of the property. The Planning Commission held their Public Hearing and there were no public comments. They were Public Hearing opened 7 Their recommendation to Council was to adopt the Ordinance accept the spot blight abatement plan. trying to get the utility releases. The only release he still had to get was intervene and contact AEP. The contractor should be making application to demolish the structure. schedule for but that Mr. Atkins has indicated be good for six months. Staff would request that abatement plan, but give Mr. Atkins 60 days to have the structure demolished and the property cleared If h responded that the time frame would not need to be own schedule for taking care of the property. get that once the three days. demolition process. the asbestos test was ordered today which is required because the property is district. Once demolished, the responsible for removing the demolition materials. final inspection of the site. 2015. Having received no public comments, the Mayor closed the Public Hearing at 7:45 p.m. Council Member McCarty the Ordinance as presented; seconded by Council Member Scheid voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Public Hearing closed declaring 123 Gus Nicks Boulevard, Tax Map Number 60.16-1- Code, and approval of the proposed plan to demolish the st 8 Vice Mayor Hare made a motion to direct staff to execute the motion was seconded by Scheid with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. Directed staff to execute the Ordinance as of December 31, 2015 The next item on the agenda was to consider public comments regarding a proposed ordinance to 60.19-4-4, zoned R-2 Residential District, a blighted property and the structure and clear the property. opened the Public Hearing at 7:49 p.m. located in the Gladet deceased property owner, Mary Banks. Mr. Banks who lives in the house next door Hearing was held on October 8th Macauley who lives next door and has purchase the property, but there is an issue with the title. A title search has been done and it identified nine potential heirs, all of whom have been notified, but we received no responses back. Mr. Macauley hearing in support of Mr. Macauley. for the Town to demolish the property. The Town Manager commented that this was one of the properties that generated a lot of questions with regard to w outstanding liens. The Town Attorney has prepared a legal Memo on the topic which has been furnished to Council. Having received no public comments, the Mayor closed the Public Hearing at 7:56 p.m. Public Hearing opened Public Hearing closed 9 Council Member Scheid made a motion to adopt the Ordinance as presented; by Vice Mayor Hare and carried by the following roll call vote, with all members voting: Vote 4- (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. Adopted Ordinance No. 964 declaring 830 S. Pollard Street, Tax Map Number 60.19-4-4, zoned R-2 property and in violation of Chapter Regulations, Article V Spot Blight Code, and approval of the proposed The next item on the agenda was to consider public comments regarding a proposed ordinance to declare 308-B 9th Street, Tax Map Number 60.10-4- 27, zoned R- the structure and clear the property. opened the Public Hearing at 7:58 p.m. Karla Turman commented that this is non- in the alley between 8th and 9th property in front and the house broken windows and an opened door showed several pictures of the property. Last year Ms. Parker indicated she wanted to repair the house and in November she submitted a plan to days to complete the work. Ms. Turman contacted indicated it was reco anything else. and indicated contractors to have the structure demolished. She told him that they would still go through this process demolition herself. property and the taxes are up date. Public Hearing opened 10 The Planning Commission held its Public Hearing on October 8, 2015 and there were Ordinance and the spot blight abatement plan. The process and her son indicated that she does. a Sp team to go through a very long and careful process to get to this point. Council is not taking this action because down, but because they create public safety issues These buildings impact the total val community. Having no public comments, the Public Hearing at 8:07 p.m. Vice Mayor Hare Ordinance as presented; by Council Member Scheid Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. work. The team initially were working on and one of them vacant over a year and gone through several owner repair it. In response to a question, Ms. Turman commented with regard to the property at 308-B 9th December 31, 2015 for the propert the violation. Vice Mayor Hare asked the proper way to make the motion regarding the deadli Town Attorney clarified that the Ordinance is effective today, but we are giving a gift to the property owner of amend the plan to give them until December 31, 2015 if they are taking appropriate steps toward abating the property. The Town Manager commented that as work with them. Vice Mayor Hare made a m amend the Spot Blight Abatement Plan for 308-B 9th Street, Tax Map #60.10-4-27 Public Hearing closed declaring 308-B 9th Street, Tax Map Number 60.10-4-27, zoned R-2 property and in violation of Chapter Code, and approval of the proposed plan to demolish the s clear the property 11 the violation. The motion was seconded by Council Member Scheid and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. Authorized staff to amend the Spot Blight Abatement Plan for 308-B 9th Street, Tax Map #60.10-4-27, to delay town action to demolish the property until December 31, 2015 to provide the property owner additional time to Vice Mayor Hare made a motion to amend the original motion with regard to the property at 123 Gus Nicks Boulevard, Tax Map Number 60.16-1-3, to authorize staff to amend the Spot Blight Abatement owner additional time to abate the violation. The motion was seconded by and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. regard to the property at 60.16-1-3 to authorize staff to amend the Spo property until December 31, 2015 to provide the property owner additional time to abate the violation The next item on the agenda was to consider Fiscal Year 2017-2018 MAP-21Transportation Greenway Phase 2. commenting that she was conta VDOT, it has to go before the Transportation Organization (TPO) this Thursday and this was the last Council meeting before the deadlin presentation. Ms. Belcher first Greenway, the Town has received revenue sharing to do Phase 1. The Gre Phase 1 goes from Virginia Avenue PFG site, under the bridge bridge. Phase 2 would budget due to the grant being federally funded as The grant is due November 2nd and the 12 decision in June. Between November 2nd and June, it goes back to VDOT and they score all the projects, a total of four from this that this project would score higher than at least two of the other projects. trestle, come into Gearhart can count as part of the match required for the grant application. former Holdren’s Country Store. The future plan for Phase 3 would be the connection from there to Vinyard Park. Ms. Belcher next commented money to be spent in four years tonight. Later, probably in January, there presentations on the various projects to what they would recommend in terms of financing of the various projects they have been given. She and because of the tight financial situation of the One part of the installation and time in managing the grant. and the railroad will require an overhead shelter to be built. She has Pathfinders for Greenways to buy the materials and construct the shelter. permission on a spot like this is not difficult because it is grade separate. appraisal which might cost as much as the value. Ms. McMillan commented that we a contact them to see if they would add the greenway to this existing easement. 13 Ms. Belcher next commented that the entire project is $500,000, but we can only ask for 80%, which is 50% of what you ask for. In the application we have $100,000 for engineering and right-of- TPO approves then appl level of funding. got 100% of the money they asked for. Council Member Scheid City of Salem is applying for pedestrian streetscape for one block of downtown be for the other side. Vice Mayor Hare asked if the Greenway Commission would be discussed at their meeting on October 28th applicant and to adopt a Resolution. Ms. McMillan commented that Roanoke Coun application. Vice Mayor Hare Resolution as presented; by Council Member Scheid Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. authorizing the Town Manager to file 2017-2018 MAP-21Transportation Alternatives (TA) Program funds for Glade Creek Greenway Phase 2 The next item on the agenda was to consider two part- from Historical Society Contract employees to Town of Vinton part-time employees and appropriation and transfer of funds. Manager commented employees. These two part- essential to the operation of the Museum. 14 After a review of the matter, the Town Manager proposed that the two employees become Town of Vinton employees and fall under the structure of our Programs Director, will be their Town. We will handle their payroll work less than 20 hours a week and will VRS pension plan. With regard to also have received a grant in the amount of $2,000, along with other donations. They will give the Town two part-time employees. Roanoke County provides operating expenses, supplies, etc. hours a week plus special events. two funding options—one with the Town contributing no additional funds and the taxes being This will allow up to between the two employees. would be for the Town t package. Scheid, the Town Manager commented that the two Museum and are not getting paid. Council Member Scheid asked if they were aware they would have to Manager commented that they would have to apply, but apply or it changed over time, the position would be Society. pro the additional taxes. If Council is willing to pay the can transfer the funds to cover them. 15 Vice Mayor Hare commented the Museum is a valuable resource that we have with requiring any more resources from is now, such as staff time. Council Member Scheid made a motion to adopt the Resolution approving level funding the motion was seconded by McCarty with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. Adopted Resolution authorizing the creation of two part- them from Historical Society Vinton part- approving the appr transfer of funds The next item on the agenda was a review of the Financial Report for August 2015. Vice Mayor Hare under spending which is partly due to the delay in paving. Compared to the same time last year, cash prior fin over budget in Public Works which were accounting adjustments of items that belong in inventory are being corrected. and compared to the same time last year, it is down standpoint of expenditures, it is under spending. compare around seeing what is best for the Town. We also need to are a valuable resource. Vice Mayor Hare Financial Report for August 2015; seconded by Council Member McCarty by the following vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. August 2015 The Mayor expressed appreciation to the Festival. 16 The next item was to hear a report from the Public Safety Committee. consideration. They discussed the future replacement of the fire truck and the possibly of an opportunity to County. The Committee decided to just put it back in the CIP process. With regard to the K9 Unit with the Police Department, Jax is now owned by the Froeschl resigned from the position of K9 Officer about three months ago and is now a regular police officer. Comments from Council Members: Council Member McCarty asked if staff had followed up with parking lot. The Town Manager commented that he submit the final invoice to me. He will bri matter back to Council for action. Council Member Scheid made a motion to adjourn the Vice Mayor Hare with all members voting: Vote 4-0; Yeas (4) – McCarty, Scheid, Hare, Grose; Nays (0) – None; Absent (1) - Adams. The meeting was adjourned at APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: __________________________ Susan N. Johnson, Town Clerk MINUTES OF A STRATEGIC PLANNING RETREAT OF VINTON TOWN COUNCIL HELD ON OCTOBER 26, 2015 AT THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor I. Douglas Adams, Jr. Sabrina McCarty Janet Scheid STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk FACILITATOR: Kathy Baske Young The Council Strategic Planning Retreat began on Monday evening, October 26, 2015, at 6:30 p.m. with dinner. The Town Manager gave an update on the items included in the Strategic Plan of 2012 and reviewed the accomplishments since that Retreat. Other topics discussed related to decision making, seeking opportunities and ways to better engage the business community as well as increase public input overall. After an opportunity for open discussion, the meeting was recessed at 9:45 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk MINUTES OF A STRATEGIC PLANNING RETREAT OF VINTON TOWN COUNCIL HELD ON OCTOBER 28, 2015, AT THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Sabrina McCarty Janet Scheid MEMBER ABSENT: I. Douglas Adams, Jr. STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk Barry W. Thompson, Finance Director/Treasurer FACILITATOR: Kathy Baske Young The Council Retreat was reconvened on Wednesday morning, October 28, 2015, at 8:00 a.m. Barry Thompson, Finance Director/Treasurer began the meeting with a review of a snapshot of where we are and projections for the next three years relating to revenue, operating expenses and capital expenses. The Town Manager next commented on the Gainsharing Agreement with Roanoke County that will expire in 2019 and reviewed several aspects of the current agreement. He then gave an update on significant issues relating to water and sewer, stormwater, roads and bridges for the next three to five years along with costs to be considered. The next items on the agenda related to planning for future economic sustainability and included hotel/motel tax rates, plans for Gish Mill, the old Library property, skate park, swimming pool, War Memorial and Valley Metro After lunch, the agenda included neighborhood vibrancy/community spirit and a focus on engaged and talented staff. Ms. Young facilitated discussion of all topics and will prepare a final report for Council. After closing comments, the meeting was adjourned at 4:00 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date November 17, 2015 Department Police Issue Co-Officers of the Month for October 2015 Summary Officer Jordan Keith and Officer Michael Giles were selected as Officers of the month for October and will be recognized at the meeting Attachments Memo from Chief Dudley Recommendations Read Memo Town Council Agenda Summary 1 Meeting Date November 17, 2015 Department Planning and Zoning Issue Consideration of public comments regarding the petition of Old School Partners, LLC, Authorized Agent, for a rezoning of the former Roland E. Cook School Property, from R-2 Residential to Mixed Use Development (MUD), to convert to 21 residential apartments with supporting recreational/small business uses, at 412 S. Poplar Street, Vinton, Tax Map Number 060.16-09-39.00 and 40.00. Summary Town Council was briefed on the rezoning request at their November 3, 2015, work session. The public hearing by the Planning Commission was held on November 5, 2015, and they voted unanimously to recommend approval of the request of Old School Partners, LLC, Authorized Agent, to rezone the former Roland E. Cook School Property, from R-2 Residential to Mixed Use Development (MUD), with the proffered conditions as submitted by Old School Partners, LLC. According to the Petitioner, the rezoning request of the former Roland E. Cook School property to the MUD district will allow the existing school building be adaptively reused for 21 upscale apartment units, with 15 one-bedroom and 6 studio units. At the Planning Commission’s public hearing on November 5, 2015, Old School Partners, LLC was represented by David Hill and Dale Wilkinson. Roanoke County personnel also attended the meeting including: Jill Loope, Director of Economic Development and Philip Thompson, Deputy Director of Planning. Additionally, there were three citizens in attendance: Mr. Doug and Mrs. Mattie Forbes; and Senior Pastor Ricardo Rodriguez, Vinton Wesleyan Church. Both Mr. Forbes (on his and his wife’s behalf) and Pastor Rodriguez spoke in favor of the rezoning request. Town Council Agenda Summary 2 The Planning Commission voted unanimously to recommend that the rezoning of Old School Partners, LLC be approved with the proffered conditions as submitted by Old School Partners, LLC. Staff Comments With a rezoning request, Town Council is given the opportunity to review the request and impose any such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the intent of the Zoning Ordinance. Attachments 1. Staff Report and Supporting Materials. 2. List of Property Owners Notified and Vicinity Map 3. Email from Jim Peters, President, Taz Wade, Inc., Property Owner 317 Jefferson Avenue 4. Letter from Dawn Hale, 422 Chestnut Street, Vinton 5. Power Point Presentation 6. Ordinance Alternatives 1. Approve the rezoning request with the proferred conditions submitted by the Petitioner, as recommended by the Planning Commission. 2. Approve the rezoning request with the proffered conditions submitted by the Petitioner as recommended by the Planning Commission, with the addition of any conditions Council feels necessary to ensure the compatibility of the use. 3. Deny the rezoning request. Staff recommends alternative 1. Recommendation Motion to adopt Ordinance Roland E. Cook Lofts Vinton Town Council Old School Partners, LLC Roanoke County November 17, 2015 Public Process for Roland E. Cook Lofts 1.Vinton Public Meeting Notes 2.Pre-Proposal Conference September 2015 3.Planning Commission Workshop Oct. 2015 4.Vinton Wesleyan Open House Oct. 2015 5.Vinton Town Council Workshop – Nov. 2015 6.Planning Commission Meeting – Nov. 2015 7.Town Council - Tonight Comments: 1.Make sure this is upper-scale housing 2.Keep the Historic School Character 3.More Parking 4.Better-Arranged Parking 5.Add place for Dumpster 6.Memorial Trees 7.Bigger Apartments 8.Open first-floor to Grade 9.Remember the E! Roland E. Cook Lofts Signage Concept E. Roland E. Cook Lofts Revised Illustrative Site Plan 0 20 40 80 120 160’ Front Lawn Garden Plots Courtyards on sides to bring light and grade-level Access to lower floor apartments Old wall removed and slope graded to allow Handicapped lower-floor access A total of 23-26 Parking Spaces on-site Nov. 17, 2015 1939 Photo one of Earliest Known supplied by Debbie Adams, Vinton History Museum 1938 Photo one of Earliest Known supplied by Debbie Adams, Vinton History Museum Roland E. Cook Lofts Vinton Town Council Old School Partners, LLC Roanoke County November 17, 2015 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, NOVEMBER 17, 2015, 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 Old School Partners, LLC, an authorized agent for Roanoke County Board of Supervisors, to rezone the former Roland E. Cook School property, from R-2 Residential to Mixed Used Development (MUD), to convert the existing vacant school building to twenty one (21) residential apartments with supporting recreational/small business uses, located at 412 S. Poplar Street, tax map number 060.16-09-39.00 and 060.16-09-40.00. WHEREAS, at the October 8, 2015, work session of the Planning Commission, the rezoning request was presented by the Petitioner and discussed by the Commissioners; and WHEREAS, on October 12, 2015, an open house was held for the general public at Vinton Wesleyan Church by the Petitioner about the proposed rezoning and redevelopment of the former vacant Roland E. Cook School building; and WHEREAS, on October 19, 2015, 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, 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 November 3, 2015, regularly scheduled meeting of Town Council, the Council members were presented with the rezoning request by the Petitioner during a work session; and WHEREAS, the Planning Commission held a public hearing on November 5, 2015, and voted unanimously to recommend that the rezoning of Old School Partners, LLC be approved with the proffered conditions as submitted by Old School Partners, LLC; and WHEREAS, the Vinton Town Council held a public hearing on November 17, 2015. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the petition of Old School Partners, LLC, an authorized agent for Roanoke County Board of Supervisors, to rezone the former Roland E. Cook School property, from R-2 Residential to Mixed Used Development (MUD), to convert the existing vacant school building to twenty one (21) residential apartments with supporting recreational/small business uses, located at 412 S. Poplar Street, tax map number 060.16-09-39.00 and 060.16-09-40.00 be approved with the following proffered conditions submitted by the Petitioner, and which the Council of the Town of Vinton, Virginia hereby accepts. 2 The Petitioner has proffered that the Roland E. Cook building, as a historic property, will be redeveloped in accordance with the Secretary of the Interior‘s Standard for Rehabilitation, as follows: The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 3 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 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 Meeting Date November 17, 2015 Department Administration Issue Consideration of public comments regarding a proposed ordinance to grant a twenty (20) year Gas Franchise to Roanoke Gas Company commencing on January 1, 2016. Summary The current franchise agreement with Roanoke Gas Company is set to expire on December 31, 2015. The Town has published the required legal notice soliciting proposals to provide natural gas services to the Town of Vinton customers. Town staff has also reviewed our current agreement with our neighbors, including Roanoke City, Roanoke County and the City of Salem. The consensus of the managers of each locality is that the overall structure and financial tax structure is fair and equitable. The structure meets our expectations and provides consistency across corporate boundaries. This allows for a more even playing field for customers and prospective industries. Attachments Agreement Ordinance Recommendations Conduct Public Hearing and motion to adopt Ordinance Town Council Agenda Summary 1 GAS FRANCHISE AGREEMENT THIS AGREEMENT (“Agreement”), made and entered into this ____ day of __________, 2015, by and between the TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation (“Grantor”), and ROANOKE GAS COMPANY, a Virginia corporation (“Grantee”). WHEREAS, Grantor has reviewed the proposal for a Gas Franchise of Grantee; and WHEREAS, Grantor, at a duly authorized and regular meeting of its Town Council, did vote to grant a renewal of the Gas Franchise to Grantee pursuant to provisions of the State Code and Town Charter. NOW, THEREFORE, in consideration of said grant of renewal of the Gas Franchise, the parties agree as follows: 1. GRANT. Grantor hereby grants to Grantee and Grantee hereby accepts a franchise to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within Grantor’s Territorial Limits in accordance with the terms and conditions set forth below (“Franchise”). The Franchise is granted pursuant to Grantor’s Franchise Ordinance (Ordinance No. ________________), adopted ___________, 2015, (“Ordinance”), which is incorporated by reference herein, including any applicable definitions. 2. TERM. The term of the Franchise shall be twenty (20) years, commencing on January 1, 2016. 3. FRANCHISE FEE. (a) Grantee shall pay to Grantor a Franchise Fee which shall be calculated pursuant to this Section. It is understood that Grantee has or will enter into franchise agreements with the City of Roanoke (“Roanoke”) and the City of Salem (“Salem”) and the Town of Vinton (“Vinton”) (Grantor, Roanoke and Salem being hereinafter sometimes collectively referred to as the “localities” and singularly as a “locality”) with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $98,196 for calendar year 2016 (“base year total annual Franchise Fee”). Grantor’s Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee’s gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each locality’s percentage share shall be determined by the following formula: total dollar value of Grantee’s gas sales within Locality’s percentage share = the Territorial Limits of the locality total dollar value of Grantee’s gas sales in the three localities For calendar year 2016, the Franchise Fee shall be paid to Grantor on or before March 31, 2017. (b) For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by Grantee to the localities shall be the base year total annual Franchise Fee increased by three (3) percent compounded annually over the term of the Franchise. For each calendar year during the term 2 of this Franchise, Grantor’s percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. 4. BUSINESS OFFICE. Grantee shall during the term of this Franchise maintain at least one business office within the Territorial Limits of Grantor. Such office shall be open at least forty (40) hours per week for the conduct of business between Grantee and its customers. 5. NONDISCRIMINATION. Grantee shall not discriminate on the basis of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Grantee. 6. NOTICE. All notices required under this Agreement or the Ordinance shall be in writing and shall be deemed validly given, unless otherwise required, when sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): Grantor: Grantee: Town of Vinton Roanoke Gas Company Attention: Town Manager Attention: President 311 S. Pollard Street 519 Kimball Avenue, N.E. Vinton, Virginia 24179 P.O. Box 13007 Roanoke, Virginia 24030 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. 7. EFFECTIVE DATE. The effective date of the Franchise will be January 1, 2016. SIGNATURES APPEAR ON FOLLOWING PAGES 3 IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. WITNESS: ROANOKE GAS COMPANY _________________________________ By_________________________________ John S. D’Orazio, President and CEO ________________________________ Printed Name and Title WITNESS: TOWN OF VINTON, VIRGINIA ________________________________ By_________________________________ Christopher S. Lawrence, Town Manager ________________________________ Printed Name and Title 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 17, 2015 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO ROANOKE GAS COMPANY FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, OPERATING, MAINTAINING, REPAIRING, AND EXTENDING A GAS DISTRIBUTION SYSTEM WITHIN THE TOWN OF VINTON, VIRGINIA WHEREAS, the Town of Vinton, Virginia (“Town”) entered into a gas franchise agreement with the Roanoke Gas Company (“Company” or “Grantee”) on January 1, 1996, granting said company a non-exclusive franchise to construct, reconstruct, operate, maintain, repair, and extend a gas distribution system within the Town of Vinton, Virginia; and WHEREAS, said gas franchise agreement will expire on December 31, 2015 and the Town and Company desire to renew said agreement on similar terms and conditions; NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the renewal of the gas franchise agreement between the Town of Vinton, Virginia, and the Roanoke Gas Company be executed upon the following terms and conditions, and such other terms and conditions as may be proper and necessary: SECTION 1. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are always mandatory, not merely directive or indicative. The word "may" is permissive and indicative and not mandatory. a. "Town" shall mean the Town of Vinton, Virginia. b. "Town Manager" shall mean the person appointed Town Manager by the Vinton Town Council pursuant to the Vinton Town Charter or the Town Manager's designee. In the absence of the Town Manager, the term shall include a duly authorized Acting Town Manager. c. "Franchise" shall mean the formal agreement which authorizes the specific Grantee to construct, reconstruct, operate, maintain, repair and extend a Gas Distribution System in the area defined by, and pursuant to the terms and conditions of, this Ordinance. d. "Franchise Fee" shall mean the fee paid by the Grantee to the Town in consideration of the use of its Streets and administration of this Ordinance and the Franchise. 2 e. "Gas Distribution System" or "System" shall mean the complete system in a physical sense including gas distribution lines, pipes, manholes and all other actual appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works, or any portion of the System, installed within and owned by Grantee in the Streets within the Territorial Limits of the Town. f. "Grantee" shall mean the Person granted a Franchise pursuant to the Franchise Agreement and this Ordinance and Grantee 's agents, servants, employees, contractors, subcontractors and any other person or entity authorized by the Grantee to act on its behalf. g. "Ordinance" shall mean this Franchise Ordinance. h. “Person" shall mean any person, firm, partnership, association, corporation, company, organization or other entity. i. "Street" shall mean the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public non-paved surfaces, now or hereafter held by the Town for the purpose of public travel, communications, alarm, street lighting, power distribution or similar public use. j. "Territorial Limits" shall mean the corporate limits of the Town as such corporate limits now exist or may hereafter be extended or otherwise altered. k. "Work" shall mean Grantee's use of the Streets of the Town; the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's Gas Distribution System; and the exercise of any right or privilege granted by or under this Ordinance or any Franchise. SECTION 2. GRANT OF AUTHORITY. The Franchise granted by the Town and accepted by Grantee pursuant to the Franchise Agreement and this Ordinance shall provide to Grantee the right, privilege and authority to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System in the Territorial Limits of the Town for the term specified in the Franchise Agreement. SECTION 3. STREET AND RIGHT-OF-WAY USE NOT EXCLUSIVE. For the purpose of constructing, operating, maintaining and extending a Gas Distribution System in the Territorial Limits of the Town, Grantee may erect, install, construct, repair, replace, relocate, reconstruct, remove and retain in the Streets within the Territorial Limits of the Town such pipes, lines, manholes, and any and all other additional appliances and appurtenances necessary and incidental to the usual operation of a Gas Distribution system, provided that all applicable permits are applied for and granted, all fees paid, and all other applicable local ordinances, codes and regulations are otherwise complied with. Subject to state law, the right to use and occupy the Streets for the purposes set forth herein is not exclusive. The Town reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any time. 3 SECTION 4. PUBLIC WORKS. The rights and privileges granted by this Ordinance shall not be in preference or hindrance to the rights of the Town and any other lawful governmental authorities having jurisdiction to perform or carry out any public works or public improvements. Should the Gas Distribution System interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its expense, shall protect or relocate the Gas Distribution System, or any applicable part thereof, as directed by the Town or other governmental authorities having jurisdiction. SECTION 5. USE OF STREETS. a. General control. Grantee, in any opening it shall make in the Streets of the Town, shall be subject to the provisions of this Ordinance and to all applicable ordinances, codes and regulations of the Town. The Gas Distribution System of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the Streets. b. Right of designation. The Town reserves the right by resolution of the Town Council or otherwise through proper representatives of the Town to specifically designate the location of the Gas Distribution System of Grantee with reference to municipal facilities, such as sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property and to facilitate the creation of convenient, attractive and harmonious community. Failure by the Town to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Ordinance. Grantee shall construct, maintain and locate its Gas Distribution System so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the Town. Any designation of location required or authorized by this Ordinance shall be accomplished by the Town so as not to unnecessarily delay the Grantee in any of its operations. c. Notice to Town. Except in the cases of emergencies under Subsection (d) of this Section, Grantee shall not move, alter, change or extend any of its Gas Distribution System in any Street unless prior written notice of its intention so to do is given to the Town Manager and permission in writing so to do is granted by the Town Manager or such requirement is waived by the Town Manager. Such permission shall not be unreasonably withheld, but shall be conditioned upon compliance with the terms and conditions of this Ordinance, with such other terms and conditions- as will preserve, protect and promote the safety of the public using the Streets, and as will prevent undue interference with or obstruction of the use of the Streets by the public, the Town or by any other public utility or public service corporation for their respective purposes and functions, and shall not be unreasonably withheld. d. Written permits. The Town Council may require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the Streets in order to install, construct, maintain or extend the Gas Distribution System. Such permits, if required, may be made applicable to any and all types of excavations in the Streets, as prescribed by Town Council, and Town Council may, by resolution, establish a fee for each excavation made in a Street by a public utility. Such permits may state the particular part or point of the Streets where construction or excavation is to be conducted, the length of time in which such permit shall 4 authorize such work to be done and the hours of each day during which such work shall be undertaken. A single permit may be issued for multiple excavations to be made in Streets; provided, however, any Street opening excavation fee established by Town Council shall apply to each excavation made in Streets of the Town. Exceptions to the requirement for a written permit shall be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in the Streets without permit, Grantee shall make a report of each such excavation to the Town within two (2) working days and pay such fee as may be established by Town Council for excavations in Streets by public utilities. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the Town so as to not unnecessarily delay the Grantee in efficiently discharging its public service obligation. Any fees for permits or inspections charged by the Town shall be based on the Town's actual costs of administering the program of issuing permits and conducting inspections. e. Restoration of Streets. Immediately after installation, repair or extension of the Gas Distribution System or any portion thereof or any pavement cut by Grantee in any Street of the Town, the incidental trenches or excavations shall be refilled by Grantee in a manner reasonably acceptable to the Town Manager. Pavement, sidewalks, curbs, gutters or any other portions of Streets damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the Town in order to achieve the former conditions, Grantee shall use materials whose type, specification and quantities exceed or are different from those used in the installation, and Grantee at its own expense shall provide such different materials . Where a cut or disturbance is made in a section of sidewalk paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring. Grantee shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of Streets disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. f. Removal of obstructions and defects. Grantee shall promptly remove or correct any obstruction or defect in any Street which may have been caused by Grantee in the installation, operation, maintenance or extension of Grantee's Gas Distribution System. Any such obstruction or defect which is not promptly removed, repaired or corrected by Grantee after proper notice so to do, given by the Town to Grantee, may be removed or corrected by the Town, and the cost thereof shall be charged against Grantee and may be enforced as a lien upon any of Grantee 's properties or assets. Any expense of damage, relocation or replacement to the Town water, sanitary sewer, storm sewer, storm drainage or communication facilities resulting from construction or maintenance of Grantee's Gas Distribution System shall be borne by Grantee and any expense incurred in connection therewith by the Town shall be reimbursed by the Grantee. g. Minimum inconvenience; protection of public. Grantee shall not open, disturb or obstruct, at any one time, any more of the Streets, than reasonably may be necessary to enable it to proceed with advantage in laying or repairing its Gas Distribution System. Neither shall Grantee permit any Street so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its Gas Distribution System to remain open or the public way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any Street shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, 5 signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. h. Relocation of Town facilities. Whenever the Town shall widen, reconstruct, realign, pave or repave any Street, or shall change the grade or line of any street, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the Town, it shall be the duty of Grantee to move, alter or relocate its Gas Distribution System or any part thereof as requested by the Town at Grantee's cost and expense. Upon written notice by the Town Manager of the Town's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the Town for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Gas Distribution System or any part thereof may be removed, altered or relocated by the Town, the cost of which shall be paid by Grantee, and the Town shall not be liable to Grantee for any damages resulting from such removal, alteration or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the Town's facilities would be feasible, the Town and Grantee shall jointly evaluate whether Grantee could reasonably pay any additional costs to the Town of the alternative Town facility location in lieu of relocating Grantee's facilities. Grantee shall not be required by the Town to relocate its Gas Distribution System when any Street in which such System is located is vacated, closed or abandoned by the Town for the convenience of abutting property owners and not as an incident to a public improvement. The Town shall give Grantee notice in writing of such proposed abandonments or Street closing to allow Grantee to protect its access interests. SECTION 6. SERVICE STANDARDS. The rights and privileges granted and conferred upon the Grantee are granted upon the express condition and understanding that Grantee will render to the public and the Town of Vinton at all times during the term of this Franchise adequate and efficient gas service at reasonable rates and that it will maintain its properties, works, structures, facilities and the Gas Distribution System located within the Town in good order throughout the term of this Franchise. By accepting this Franchise, Grantee expressly agrees that the State Corporation Commission of Virginia shall have jurisdiction, to the full extent and in the same manner now or hereafter during the life of this Franchise provided by law, to require Grantee to render efficient service as aforesaid at reasonable rates and to maintain its properties in good order throughout the term of this Franchise and otherwise enforce, together with the Town in the Circuit Court for the County of Roanoke, the provisions of this Franchise to the full extent provided by law. SECTION 7. SAFETY STANDARDS. Grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. SECTION 8. RESTORATION OF IMPAIRED SERVICE. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accident or other happening beyond the control of Grantee, Grantee shall use every reasonable effort and shall exercise prompt diligence to restore such service with as little interruption as reasonably possible and, in all events, within a reasonable time, but any such interruption or failure of service caused by any of the aforementioned reasons shall not, of itself, constitute a breach of this Franchise. 6 SECTION 9. COMPLIANCE REQUIRED. Grantee shall comply with all applicable Town, State and Federal laws, ordinances, regulations and codes. SECTION 10. POLICE POWER. All rights and privileges granted hereby are subject to lawful exercise of the police power of the Town to adopt and enforce local laws, rules and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the Town is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power, for the benefit and safety of the public. SECTION 11. TAXES. Nothing contained in this Ordinance or in the Franchise shall be constructed to exempt Grantee from any tax, levy or assessment of the Town which is now or may hereafter be authorized by law. SECTION 12. GRANTEE TO OWN SYSTEM. Grantee shall, at all times during the term of this Franchise, have full possessory rights to all facilities and property, real and personal, of the Gas Distribution System, whether by ownership, lease, license or otherwise. Grantee may discard or replace any property, real or personal, as long as Grantee can satisfy its obligations hereunder. SECTION 13. APPROVAL OF TRANSFER. No sale, assignment or lease by Grantee of the Franchise or of the privileges granted under this Ordinance shall be effective until approved by the State Corporation Commission and until Grantee's successor shall have agreed in writing with the Town to accept the terms and conditions of this Ordinance and the Franchise and to perform in accordance with their terms and conditions. SECTION 14. LIABILITY. Grantee agrees and binds itself to indemnify, keep and hold the Town free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from: (a) Grantee's use of the Streets of the Town; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's Gas Distribution System; (c) the exercise of any right or privilege granted by or under this Ordinance or any franchise; and (d) the failure, refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this Ordinance or any franchise. In the event that any suit or proceeding shall be brought against the Town at law or in equity, either independently or jointly with Grantee on account thereof, Grantee, upon notice given to it by the Town will defend the Town in any such action or other proceeding, at the cost of the Grantee. In the event of a final judgment being awarded against the Town, either independently or jointly with Grantee, then Grantee will pay such judgment or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Town harmless therefrom. 7 SECTION 15. INSURANCE AND BOND REQUIREMENTS. a. Requirement of insurance. Grantee shall, at is expense, obtain and maintain during the life of its Franchise the insurance and bond required by this Section. Any required insurance and bond shall be effective prior to the beginning of any work by Grantee under its Franchise. b. Commercial General Liability. Grantee shall maintain during the life of its Franchise commercial general liability insurance coverage insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Grantee 's work under its Franchise. The minimum limits of liability for this coverage shall be $10,000,000.00 combined single limit for any one occurrence. c. Contractual Liability. Grantee shall maintain during the life of its Franchise broad form contractual liability insurance including the indemnification obligation set forth in Section 14 of this Ordinance. d. Workers’ Compensation. The Grantee shall maintain during the life of its Franchise workers 'compensation insurance covering Grantee 's statutory obligation under the laws of the Commonwealth of Virginia and employer's liability insurance for all its employees engaged in Work under its Franchise. Minimum limits of liability for employer's liability shall be $100,000.00 bodily injury each occurrence; $500,000.00 bodily injury by disease (policy limit); and $100,000.00 bodily injury by disease (each employee). With respect to the workers 'compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the Town, its officers, agents and employees. e. Automobile Liability. The Grantee shall maintain during the life of its Franchise automobile liability insurance. The minimum limit of liability for each insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under its Franchise. f. Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $10,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the Town. g. Evidence of Insurance. All insurance shall meet the following requirements: (1) The Grantee shall furnish the Town a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be cancelled or materially altered, except after thirty (30) days written notice has been received by the Town of Vinton." 8 (3) The required certificate or certificates of insurance shall name the Town of Vinton, its officers, agents and employees as additional insured. (4) Insurance coverage shall be in a form and with an insurance company approved by the Town which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Ordinance or any Franchise granted under this Ordinance shall be authorized to do business in the Commonwealth of Virginia. h. Ranges and Limits. At the end of ten (10) years, the Town shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. i. Bond. Grantee shall post and maintain for the life of its Franchise a performance bond in favor of the Town in the amount of $25,000.00. The bond shall be issued by a bonding company approved by the Town. SECTION 16. REPORTS, MAPS AND PLATS. a. Grantee shall file annually with the Town Manager a copy of Grantee's annual report, which report shall contain and reflect the audit andfinancial statement as pertains to the business operations of Grantee for the immediately preceding business year. Grantee's books and systems of account showing the gross income derived by Grantee from its supply and sale of gas service in the Town shall be made available at all reasonable times for inspection and verification by a duly authorized officer or agent of the Town. b. Grantee shall, upon written and reasonable request at any time from the Town Manager, make available or furnish to the Town Manager maps, plats or plans, or copies thereof, showing the location of any or all of its Gas Distribution System located in any Street of the Town. SECTION 17. LIEN OF TOWN. All debts, penalties or forfeitures accruing to the Town under the terms of this Ordinance shall constitute a lien upon the property and Franchise of Grantee within the Town subject, however, to then-existing prior liens. SECTION 18. JURISDICTION OF GOVERNMENTAL REGULATORY COMMISSIONS. If any provision of this Ordinance shall be in conflict with any constitutional provision, or any federal, State or local law, or any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of Grantee within the Town, so that Grantee cannot reasonably comply with both the provisions of this Ordinance and such provision, law or rule of such commission or body, then Grantee shall comply with such specific provision, law or rule instead of with the conflicting provision of this Ordinance, but Grantee shall comply with each and all of the provisions of this Ordinance where such can be done without violating constitutional provisions, valid laws or rules of the said commission or body. Whenever Grantee has knowledge of such a conflict, Grantee shall immediately notify the Town Manager in writing. 9 SECTION 19. NON-DISCRIMINATION. Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. SECTION 20. NOTICE. All notices required under this Ordinance shall be given as provided in the Franchise Agreement. SECTION 21. FAILURE TO PERFORM WORK. On any failure of Grantee to commence or complete any construction, maintenance, or restoration work required by this Ordinance or any existing or future ordinance, resolution or regulation of the Town, or by state or federal law, the Town may at its option cause such work to be performed by its employees or a designated agent or contractor. The cost of any such work will be indicated in an itemized report to be furnished to grantee. Grantee shall reimburse the Town for costs so incurred within 30 days after receipt of any such report. SECTION 22. FORFEITURE. Each right and privilege granted under this ordinance shall, without the passage of any resolution or ordinance by grantor, be null and void on the failure of Grantee to comply with any of or all of the terms and conditions specified in this Ordinance or in the Franchise Agreement. Grantee will be given thirty days, unless otherwise provided, following receipt of notice of noncompliance in which to make corrections or take other required actions. The rights granted to the Town under this section shall be cumulative and in addition to any other rights or remedies available under this Ordinance. The failure to exercise any right or remedy under this Ordinance shall not constitute a waiver of that right or remedy, or of any other right or remedy available to the Town. SECTION 23. EFFECTIVE DATE. This Ordinance shall be in full force and effect on January 1, 2016. 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 Meeting Date November 17, 2015 Department Administration Issue Consider adoption of a Resolution approving the one-time payment of $2,748.75 to Vinton Baptist Church and authorizing the Town Manager to execute the Parking and Paving Contribution Agreement formalizing the agreement between the two parties. Summary For years the Town of Vinton has worked closely with Vinton Baptist Church to have their parking lot available to the public for special events and downtown parking. As their maintenance needs have developed we have discussed the current relationship further. To this end, the church has requested a financial contribution to assist in the maintenance activities, including crack sealing, spray sealant over the entire parking lot and restriping. Use of the parking lot has been a critical component of the Dogwood Festival, Fall Festival, other parades and events, and most recently a request for the Roanoke County Library grand opening for a shuttle service. As proposed, the town would contribute a one-time payment of $2,748.75 which is 50% of the total bill already incurred. Attachments Draft Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 PARKING AND PAVING CONTRIBUTION AGREEMENT THIS AGREEMENT is entered into this__________ day of November, 2015, by and between the TOWN OF VINTON (hereinafter, "TOWN"), 311 South Pollard Street, Vinton, VA 24179 and the VINTON BAPTIST CHURCH, (hereinafter, "CHURCH"), 219 Washington Avenue, Vinton, VA 24179. WITNESSETH: WHEREAS, TOWN requested permission for the public to use the CHURCH’s parking lot located at 291 Washington Avenue in the Town of Vinton for public parking for the Dogwood and Fall Festivals and the library grand opening; and WHEREAS, the CHURCH agreed to allow its private parking lot to be used for public parking for these events; and WHEREAS, in consideration of this agreement with the CHURCH, the TOWN agreed to contribute $2748.75 to pay for parking lot maintenance; NOW, THEREFORE AND IN CONSIDERATION of the above, the parties memorialize their agreement as follows: 1. PARKING. CHURCH agrees that it shall allow the general public to use it private parking lot for attendance at the Dogwood and Fall Festival and the library grand opening events to be held in the Town of Vinton. In addition, CHURCH shall allow the public to use its parking lot for such other Town of Vinton events as may be agreed to by the parties. 2. PARKING LOT MAINTENANCE ASSISTANCE. TOWN agrees to pay CHURCH a one-time fee of Two Thousand Seven Hundred Forty- Eight and 75/100 Dollars ($2, 748.75) to assist with the cost of resealing, restriping, and maintaining the CHURCH parking lot. 3. TERM OF AGREEMENT. TOWN and CHURCH agree that this Agreement will take effect upon payment by the TOWN of the contribution for parking lot maintenance as set forth herein, and shall continue for a period of twelve (12) months thereafter, with automatic one-year renewals until terminated by one or both of the parties as set forth below. 4. TERMINATION. Either party may terminate this Agreement by giving the other party written notice at least thirty (30) days prior to the expiration of this Agreement or any subsequent renewal thereof. 2 5. NOTICES. All notices pertaining to this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the U.S. Postal Service by certified mail, return receipt requested. The addresses set forth above for the respective parties shall be the places where notices shall be sent, unless written notice of a change of address is given. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed this ________ day of _______________, 2015. TOWN OF VINTON VINTON BAPTIST CHURCH ___________________________________ ___________________________________ By By Its: Town Manager Its:________________________________ RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 17, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, for many years, the Town of Vinton (“Town”) has worked closely with Vinton Baptist Church (“Church”) for the public to use the Church’s parking lot at 291 Washington Avenue for special events and downtown parking; and WHEREAS, because of the Town’s use of said parking lot, the Church has requested a financial contribution to assist in the maintenance to include crack sealing, spray sealant over the entire parking lot and restriping; and WHEREAS, the Town has agreed to pay the Church a one-time fee to assist with said parking lot maintenance in the amount of $2,748.75 which is 50% of the total cost; and WHEREAS, Town staff recommends that a Parking and Paving Contribution Agreement be executed to formalize said agreement between the parties. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the one-time payment of $2,748.75 to the Church and authorize the Town Manager to execute the Parking and Paving Contribution Agreement as presented to Council and approved as to form by the Town Attorney. 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 November 17, 2015 Department Administration Issue Consider adoption of a Resolution appropriating funds in the amount of $6,000 received from the Roanoke County Friends of the Library for street lighting. Summary The Roanoke County Friends of the Library committed a donation of $6,000 to the streetscape improvements to South Pollard Street, specifically the installation of two decorative street lamps. They did similar commitments to the South County and Glenvar Libraries with the donation of art structures. Our decorative street lamps help complete the overall investment of lamps along S. Pollard Street and Lee Street. They include hanging basket arms, banner poles, and electrical power for decorations or extension cords during special events. The Library official opening will be Wednesday, November 18th where we plan to publically recognize and thank the Friends for their partnership and contribution. Finally, a bronze type marker will be installed on these two street lights to visually acknowledge and thank the Friends for their generosity. 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, NOVEMBER 17, 2015 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Roanoke County Friends of the Library made a donation to the Town of $6,000 for decorative street lights; and WHEREAS, the donation supported the installation of the two street lights along the South Pollard Street frontage which supported town’s vision to enhance the visual appearance and the synergy of a revitalized downtown area; and WHEREAS, the donation has been received into the Revenue Account 200.1899.018 – Gifts and Donations in the amount of $6,000; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1899.018 – Gifts and Donations to the Expenditure Account – 200.8150.346 – CDBG Match Grant Expenditures. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction. FROM: 200.1899.018 Gifts and Donations $6,000.00 TO: 200.8150.346 CDBG Match Grant Expenditures $6,000.00 This Resolution was 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 November 17, 2015 Department Administration Issue Appointment of Theresa Fontana as Town Attorney retroactive to January 1, 2015 Summary On January 1, 2015, Theresa Fontana became the Town’s Attorney when Elizabeth Dillon was appointed as a U. S. District Judge for the Western District of Virginia. Pursuant to our Town Charter, Chapter 4. – Appointive Officers, Section 4.5 – Town attorney, we need to formally appoint Ms. Fontana with said appointment being retroactive to January 1, 2015. Attachments None Recommendations Motion to appoint Theresa Fontana as Town Attorney retroactive to January 1, 2015 Town Council Agenda Summary