HomeMy WebLinkAbout10/2/2018 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, October 2, 2018
AGENDA
Consideration of:
A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
F. CONSENT AGENDA
1. Consider approval of minutes of the Regular Council meeting of September 18,
2018
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Proclamation – Fire Prevention Week – Deputy Chief Chris Linkous
2. Vinton Area Chamber of Commerce Quarterly Report – Justin Davison
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. PUBLIC HEARINGS
1. Consideration of public comments on the proposed Community Development
Block Grant (CDBG) proposal to be submitted to the Virginia Department of
Housing and Community Development for the TAF Virginia Individual
Development Accounts Program (TAF VIDA).
Keith N. Liles, Vice Mayor
Sabrina McCarty, Council Member
Janet Scheid, Council Member
Michael W. Stovall, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
2
a. Open Public Hearing
• Report from Staff – Pete Peters
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Consider adoption of a Resolution
2. Consideration of public comments on the proposal to modify Valley Metro bus
Route 35 and bus Route 36 in the Town limits.
a. Open Public Hearing
• Report from Staff – Nathan McClung
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Action to be taken on October 16, 2018
J. TOWN ATTORNEY
K. TOWN MANAGER
1. BRIEFINGS
a. Briefing on the proposed Lease between the Town and The Vinton Area
Chamber of Commerce for a portion of the property located at 820 E
Washington Ave (Office Suite located within the Charles Hill Senior
Center) – Pete Peters
2. ITEMS REQUIRING ACTION
3. COMMENTS/UPDATES
L. REPORTS FROM COUNCIL COMMITTEES
1. Public Works Committee – Joey Hiner
M. MAYOR
N. COUNCIL
O. ADJOURNMENT
NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
October 8, 2018 – 2:30 p.m. – Finance Committee meeting – TOV Conference Room
October 16, 2018 - 7:00 p.m. – Council Meeting – Council Chambers
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.
Meeting Date
October 2, 2018
Department
Town Clerk
Issue
Consider approval of minutes of the Regular Council meeting of September 18, 2018
Summary
None
Attachments
September 18, 2018 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
1
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, SEPTEMBER 18, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Keith N. Liles, Vice Mayor
Sabrina McCarty
Janet Scheid
Michael W. Stovall
STAFF PRESENT: Barry W. Thompson, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Susan Waddell, Town Attorney
Anne Cantrell, Treasurer/Finance Director
Pete Peters, Assistant Town Manager/Director of Economic
Development
Joey Hiner, Public Works Director
Tom Foster, Police Chief
Christopher Linkous, Deputy Chief-Fire/EMS
Nathan McClung, Principal Planner
7:00 p.m. The Town Clerk called the roll with
Council Member McCarty, Council Member Scheid,
Council Member Stovall, Vice Mayor Liles and Mayor
Grose present.
Roll call
After a Moment of Silence, Deputy Chief Chris
Linkous led the Pledge of Allegiance to the U.S.
Flag.
Under upcoming community events, Council
Member McCarty announced the following:
September 21 –
Festival – Farmer’s Market; September 21-22 – 7:00
p.m. each night - Virginia Tech hockey – Lancerlot
and September 27 – 12:05 p.m. - Munchtime
Theater – Star City Playhouse.
Under requests to postpone, add to or change
the order of agenda items, the Town Manager
requested to add under Section K (2), a Resolution
regarding the State of Emergency that was declared
on September 15, 2018.
Council Member Scheid made a motion to
approve the Consent Agenda as presented; the
motion was seconded by Council Member Stovall
voting: Vote 5-0; Yeas (5) –
Stovall, Liles, Grose; Nays (0) – None.
Approved minutes of the Regular
Council meetings of August 21, 2018
Resolution No. 2260 appropriating
approv
2
The next item on the agenda was consideration
of public comments on the proposal
year renewal of the cable television franchise held by
(“Cox”) to succeed and replace the franchise currently
held by Cox, which will expire on October 31, 2018.
The Mayor opened the Public Hearing at 7:06 p.m.
The Town Attorney introduced Barrett Stork, Director
of Government Affairs for Cox Communications. Mr.
agreement is non-
company that offers cable television
services. This is a 10-year agreement.
franchise and that an identical document went before
Roanoke County next week. The
Town. Also, there are no rate regulations within the
franchise due to the fact that
FCC classified most of
effective competition. It is up to the market to decide
much identical across the entire Virginia footprint.
The Town Attorney commented that
briefed Council on the Agreement at the last meeting
“committee”. It was intended that “committee” refer
agreement. There are no changes
this affects the Town and we should
receive the same fees that we are getting now.
Council Member Scheid asked where the
modification was
Town Attorney responded in Section 5.6. The Mayor
asked if
are exactly the same as in Roanoke City or Roanoke
County.
Hearing no comme
Hearing at 7:14 p.m.
Vice Mayor Liles made a motion to adopt the
by Council Member McCarty
Public Hearing opened
Public Hearing closed
Adopted Ordinance No. 997 to grant a
television franchise held by CoxCom,
3
5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles,
Grose; Nays (0) – None.
Roanoke (“Cox”) to succeed and
replace the franchise currently held by
Cox, which will expire on October 31,
The next item on the agenda was consideration
of public comments on the
Community Development Block Grant (CDBG) funding
for a project in our community. The Mayor opened the
Public Hearing at 7:15 p.m.
Pete Peters first commented
to partner with The Advancement Foundations (TAF)
to apply for $200,000
Development Accounts (VIDA) Grant
Development (DHCD). This program is designed to
provide eligible participants
income with matching funds to assist with saving for
and must also achieve their own fiscal match through
a personal savings account. The participants will be
eligible for $8 in matching funds for every $1 they
save up to a $4,000 cap.
wil
reimbursement from DHCD.
Hearing will be held on October 2, 2018. Council will
be requested to consider adoption of a Resolution to
authorize staff to apply for the funds on October 16,
2018. Mr. Peters next invited Annette Patterson with
TAF and Jeff Sadler with DHCD to make comments.
Annette Patterson commented that a year and a half
ago, TAF administered
people starting the program and 37 completing the
six purchased homes.
Mr. Sadler commented this program not only
whole, but also improves stability in life so individuals
are able to participate in long-range planning for their
future and their children’s’ future. This program was
previously funded t
Public Hearing opened
4
Health and Human Services in the federal
government. In the budget that was passed last fall,
those funds were cut
development block grant funds were
DHCD feels
achieve their mission of
through strengthening communities and they are
successful partner.
Council Member Scheid asked if this grant included
responded that it is open to the region and they will
be providing services through the Gauntlet Program,
the E
management program.
With regard to the earlier grant, Council Member
Scheid aske Ms. Patterson is they had any follow up
program.
she knew some of the people personally that bought
successful.
what were the income requirements and Ms.
which for a family of four would be around $46,000.
There was also discussion regarding problems in the
Town with home mai
Council Member Scheid encouraged TAF and DHCD
to think
with that. The Mayor further commented on the
have been for the Town, businesses and c
our area.
Hearing no comments, the Mayor closed the Public
Hearing at 7:27 p.m.
Public Hearing closed
The Town Attorney introduced the newest attorney
to join their firm, Mark Popovich, who came from the
Isle of Wight County
Attorney for 14 years.
changes to the Valley Metro bus routes in the Town of
Vinton. The Town Manager first commented that the
5
on September 17, 2018 and this presentation was
given to our Finance Committee on September 10,
2018. We will be having a Public Information Meeting
on September 27, 2018
are planning to schedule a Public Hearing on October
2
their October 16, 2018 meeting.
Nathan McClung
(A
permanent record.)
With regard to a question about the propo
near Dunkin Donuts, Mr. McClung
the bus operator recommended this stop because of
the stop light being there
time waiting for the light to get people on and off the
bus at that location. They can also stay in the right
lane and go down By-Pass Road. Vice Mayor Liles
next commented that
fueling station at Kroger and this second stop would
hold up traffic twice and asked if the one by Dunkin
Donuts could be eliminated. Pet
commented that Va
recommendation, but we can
Council’s preference i
negatively. The reason why we are out of both River
Park and Lake Drive Plazas is because Valley Metro
has somewhat adopted the policy of not taking buses
on private property where possible.
Road.
With regard to the stop at Clearview, Council
Member Scheid commented that stop was discussed
in the Finance Committee and is in the private
apartment complex. Mr. Peters responded that stop
turn around.
perhaps adding another stop near the Lancerlot.
forward in working with Valley Metro and it is
eliminate stops, we have the flexibility to do that. As
Mr. McClung pointed out this proposed route will
transport our customers around the Town and out of
Town back to the Campbell Station.
6
savings is based on the route itself and not affected
by the amount of bus stops.
commented that through the research
ridership, it pointed out that while there are residents
riders are using the bus service to get to their place
of employment. With the proposed future economic
development projects in the Town, that need stands
to increase in trying to fill those new employee needs
for the new businesses.
things to kee
provides a localized service by citizens being able to
use the same route to move around Town.
our community.
that after 1992 any new bus stop that was not pre-
existing has to have a plan in place to make it ADA
compliant.
The next item that was added to the agenda was to
consider adoption of a Resolution
rescinding Declaration of Local Emergency. The
with Hurricane Florence, a Declaration of Emergency
was declared on September 15, 2018
Coordinator, to provide a brief update to Council.
Deputy Chief Linkous next brought Council up to date
on the steps taken by the Town’s emergency services
projected rainfall amount in the area. On Saturday, a
decision was made to declare a state of emergency to
enable the Town to request state and local resources
should they be needed. On Monday morning a
damage assessment was done and since
very minimal damage, a decision was made to rescind
the declaration. The Town Manager commented that
the team pulled together and expressed appreciation
to Deputy Chief Linkous for his leadership during this
event. The Town Manager next recognized members
of Town staff and members of the Volunteer Fire and
First Aid Crews that assisted during the weather event.
Council Member Stovall made a motion to adopt
the Resolution as presented
7
by the following roll call vote, with all members
voting: Vote 5-0; Yeas (5) –
Stovall, Liles, Grose; Nays (0) – None.
Adopted Resolution No. 2261
confirming and rescinding Declaration
of Local Emergency
The next item on the agenda was appointments
to Boards/Commissions/Committees. The Mayor first
advising
lives in Town and that Henry Cantrell had submitted
Adams’ term. Council Member Scheid
motion to appoint Henry Cant
Safety Committee for an unexpired three-
2021; the motion was seconded by Vice Mayor Liles
and carried by the following roll call
members voting: Vote 5-0; Yeas (5) – McCarty,
Scheid, Stovall, Liles, Grose; Nays (0) – None.
Appointed
unexpired three-
March 5, 2021
Under reports from Council Committees, Anne
Cantrell first commented that the Finance Committee
reviewed a PowerPoint presentation
items discussed at that meeting.
presentation is on file in the Town Clerk’s Office and
will be made a part of the permanent record.)
Council Member Scheid made a motion to
approve the mid-
recommended by the Finance Committee; the
motion was seconded by Council Member McCarty
voting: Vote 5-0; Yeas (5) –
Stovall, Liles, Grose; Nays (0) – None.
Vice Mayor Liles made a motion to a
July 2018 Financial Report as presented; the motion
was seconded by Council Member Stovall and
voting: Vote 5-0; Yeas (5) –
Stovall, Liles, Grose; Nays (0) – None.
Approved the mid-
Finance Committee
Report
The Mayor expressed appreciation to the
emergency operations team and
Patriot Day Celebration.
Comments from Council: Council Member Scheid
commented on her opportunity to work
Officials Day at Feeding America Southwest Virginia
today. Co
8
The next item on the agenda was a request to
convene in Closed Meeting, pursuant to § 2.2-3711
(A) (29) of the 1950 Code of Virginia, as amended, for
discussion of
County, namely the Gain Sharing Agreement. Council
Member Scheid made a motion to convene in Closed
Session; the motion was seconded by
Liles
members voting: Vote 5-0; Yeas (5) – McCarty,
Scheid, Stovall, Liles, Grose; Nays (0) – None.
Council went into Closed Session at 8:37 p.m.
approved on motion by Vice Mayor Liles; seconded by
Council Member McCarty and carried by the following
roll call vote, with all members voting: Vote 5-0; Yeas
(5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) -
None.
Certification of Closed Meeting
Following the Closed Session, Council had
discussion in open meeting
Council Retreat scheduled for October 19-
Sharing Agreement is finalized.
Vice Mayor Liles made a motion to adjourn the
meeting; the motion was seconded by Council
Member McCarty
with all members voting: Vote 5-0; Yeas (5) –
McCarty, Scheid, Stovall, Liles, Grose; Nays (0) –
None. The meeting was adjourned at 10:00 p.m.
Meeting adjourned
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
October 2, 2018
Department
Fire/EMS Department
Issue
Proclamation for Fire Prevention Week
Summary
Fire Prevention Week urges our citizens to practice fire safety and prevention not just for a week
but all year round.
Attachment
Proclamation
Recommendations
Present Proclamation
Town Council
Agenda Summary
PROCLAMATION
WHEREAS, the Town of Vinton is committed to ensuring the safety and security of all those living in and visiting our town and fire is a serious public safety concern both locally and nationally; and
WHEREAS, this year's Fire Prevention Week theme through the (National Fire Protection Association) NFPA is "Look. Listen. Learn. Be aware- fire can happen anywhere" and is about educating our citizens about three basic but very important steps we need to take to reduce the likelihood of having a fire as well as how to escape a fire in the event that one does happen; and
WHEREAS, first we need to “look” for places that a fire could start by taking a good look around your home to see if any potential fire hazards can be identified such as an over loaded electrical power strip or wall socket, gasoline containers kept in your garage or basement and not in an out building or a kitchen without a fire extinguisher nearby. Once a hazard has been identified, take care to correct the problem or issue; and
WHEREAS, next we need to “listen” for the sound of a smoke alarm because you literally only have minutes to escape once you hear a smoke alarm. Fire and double and triple in size in just a few seconds so every second counts on getting yourself and your family out of a burning home safely and contacting 911. Test your smoke alarm at least once a month and change the batteries once a year; and
WHEREAS, and lastly, “learn” two ways out of not just only your house but also every room by making sure all doors and windows that access the outside are easily opened and that they are not blocked by clutter or even things like furniture. Draw out your escape plan and make sure your family knows and understands the escape routes and practice your escape plan at least twice a year- once during the day and once at night.; and
WHEREAS, on your way outside, close any doors or windows behind you as you leave. This action may stop or slow the spread of smoke and fire thus containing the fire to a smaller area and making it easier for firefighters to put out. Make sure once outside you meet at your pre-designated meeting place that is a safe distance from the home; and
WHEREAS, once you’re outside, stay outside! NEVER go back inside a burning building! If you believe that someone is still inside, let the first arriving fire apparatus personnel know as well as where you believe they maybe.
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim October 7– 13, 2018, as FIRE PREVENTION WEEK in the Town of Vinton and urges all the people of the Town of Vinton to look, listen and learn when it comes to fire safety and to support the many public safety activities and efforts of the Town’s fire and emergency services.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 2nd day of October, 2018.
Bradley E. Grose, Mayor
Meeting Date
October 2, 2018
Department
Administration
Issue
Vinton Area Chamber of Commerce Quarterly Report
Summary
Justin Davison, President, will be at the meeting to give this quarterly report on behalf of the
Chamber.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
October 2, 2018
Department
Administration
Issue
Consideration of public comments on the proposed Community Development Block Grant (CDBG)
proposal to be submitted to the Virginia Department of Housing and Community Development for the
TAF Virginia Individual Development Accounts Program (TAF VIDA).
Summary
The Town of Vinton intends to apply on the behalf of The Advancement Foundations (TAF) for a
$200,000 VIDA Grant. If awarded, the grant will be available for 3 years and will be administered by
TAF, with the Town of Vinton acting as the fiscal agent for grant funds received by reimbursement from
DHCD.
The VIDA program is designed to provide eligible participants matching funds to assist with saving for a
down payment on a home or starting a business. Participants must complete an education curriculum and
training program that will be provided by TAF and achieve their own fiscal match through a personal
savings account. Successful participants will be eligible for $8 in matching funds for every $1 saved, up
to a total of $4,000 per applicant.
Town Council was briefed and an initial Public Hearing was held at the September 18th Town Council
Meeting.
Attachments
Resolution
Recommendations
Conduct Public Hearing
Motion to adopt the Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
OCTOBER 2, 2018 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179.
WHEREAS, the Commonwealth of Virginia has been authorized to distribute and administer
Community Development Block Grant (CDBG) funds pursuant to the Housing
and Community Development Act of 1974, as amended; and
WHEREAS, the Virginia Department of Housing and Community Development (DHCD) has
been authorized by the Governor of the Commonwealth of Virginia to distribute
and administer CDBG funds in the form of Virginia Individual Development
Accounts (VIDA) program; and
WHEREAS, the Advancement Foundation (TAF) is located within the Town of Vinton and
was incorporated in 2007 as a 501C3 with the mission to strengthen the local
community through comprehensive technical assistance, coaching, education and
consulting services to encourage and develop a diverse, equitable and
economically viable local economy; and
WHEREAS, the Advancement Foundation has been a VIDA intermediary since 2012 with a
successful track record of a 86 percent graduation rate; and
WHEREAS, the Town of Vinton desires to partner and contract with the Advancement
Foundation to implement and administer a local VIDA program; and
WHEREAS, the proposed TAF VIDA program will provide funding for 37 low to moderate
income participants saving for a down payment on a home or business and
eligible participants will receive training, support and $8 in match for every $1 the
participant saves, up to $4,000 in a cash match; and
WHEREAS, the Town of Vinton will provide $44,000 in annual in-kind support to the project
in the way of office space, meeting rooms and human resources to the
Advancement Foundation to implement and administer the TAF VIDA program.
NOW, THEREFORE, BE IT RESOLVED, pursuant to two public hearings, the Town of Vinton
wishes to apply for $200,000 of Virginia Community Development Block Grant funds for the TAF
VIDA program; and
BE IT FURTHER RESOLVED, that the Vinton Town Council does hereby authorize the Town
Manager to sign and submit appropriate documents for the submittal of this Virginia Community
Development Block Grant proposal.
2
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, CMC, Town Clerk
Meeting Date
October 2, 2018
Department
Planning and Zoning
Issue
Consideration of public comments on the proposal to modify Valley Metro bus Route 35 and bus
Route 36 in the Town limits
Summary
Town Staff from various departments have been working with Valley Metro to change the pre-
existing bus routes within the Town to better serve the needs of our town residents by
eliminating routes and bus stops with lower rates of ridership, and at the same time, proactively
planning for bus stops with potential increases in ridership in the proximity of economic
development projects.
Since early 2017, through community meetings, public hearings, surveys, data collection, and
meetings with Valley Metro and RVARC personnel, a final product detailing two reciprocating
bus routes are being proposed. In addition to serving the public transit needs of our citizenry,
these new bus routes are projected to allow for substantial cost savings for the Town.
The GRTC Board passed a resolution on the proposed route changes on September 17, 2018, and
the Town Council was presented with a briefing on this project on September 18, 2018. A Joint
Public Informational Meeting with Valley Metro was conducted on September 27, 2018 at the
War Memorial building with members of the staff from the Town of Vinton, Valley Metro, and
RVARC. At this meeting, information was disseminated to the public on the proposed route
changes and opportunities for public comments and feedback were provided.
Attachments
• PowerPoint Presentation
• 11″x17″ Map of the Proposed Route Changes
Recommendations
Conduct Public Hearing
Town Council
Agenda Summary
Valley Metro Proposed Bus
Route Changes
Town of Vinton Town Council Meeting- Public Hearing
10/02/2018
Introduction to the New Valley
Metro Routes
New Valley Metro Routes, Section by Section
Proposed Preserved Removed
W. Virginia Avenue to Pollard Street
S. Pollard Street to Washington Avenue
Washington Avenue Corridor
Bypass Road to Hardy Road
Hardy Road and Vinyard Road
Major Economic Development Projects and Public
Facilities Along Route
•Roanoke County Vinton Branch Library
•Vinton Municipal Building
•William Byrd Apartments
•Vinton Motors
•Macado’s Restaurant
•River Park Shopping Center
•Restaurant Row
•Lake Drive Plaza
•Lancerlot Sports Complex
•Clearview Manor Apartments
•Vinton War Memorial
Budgetary Information
97,314.06
126,448.63
109,824.00
120,054.59
107,000.00 105,000.00
$87,700
70,000.00
80,000.00
90,000.00
100,000.00
110,000.00
120,000.00
130,000.00
6/30/2014 6/30/2015 6/30/2016 6/30/2017 REVISED FY 18 MGR/COMM 2019 Projected FY 18-19
Valley Metro Bus Services, General Fund Expenditure
Budgetary Information
•Approximate transit service expenditures: ~$87,700
•Total includes the expenditures for paratransit services
•Approximate budgeted cost reduction from FY 18 to FY 19 of 17% ($17,300)
•Approximate reduction from FY 18 actual costs to the projected FY 19 costs of 24%
($28,044.83)
Next Steps in the Process
•Joint Public Informational Meeting was held on September 27th at the
Vinton War Memorial Library Room.
•After conducting public hearing, Council will take formal action at the
October 16, 2018 Council meeting
•Officially changing the bus stops with the assistance of Valley Metro.
•Collaborate with Brixmor to establish a bus shelter fronting the Lake
Drive Plaza property.
•Communicate with Roanoke County about moving the existing bus
shelter at the library to a location along the new route.
1
Meeting Date
October 2, 2018
Department
Administration
Issue
Briefing on the proposed Lease between the Town and The Vinton Area Chamber of Commerce
for a portion of the property located at 820 E Washington Ave (Office Suite located within the
Charles Hill Senior Center).
Summary
Vinton Area Chamber of Commerce has agreed to terms of a proposed Lease Agreement with
the Town to occupy an office suite located within the Charles Hill Senior Center. The Lease will
be brought back to Council for approval at the October 16th meeting.
General Terms of the Lease Agreement include:
• Initial lease would be for six months and would commence on January 1, 2019 (to
align on a fiscal year basis).
• The lease would contain four (4) additional one year renewals.
• The lease would be for $1 per year, although the Town would eliminate its annual
$9,000 grant payment to the Chamber, which was designed to assist with operational
expenses.
• The Chamber would be responsible for their own phone and internet expenses and
would be invoiced a 10% portion of the buildings utilities.
• The existing Senior Recreation Programs will have priority use of the event hall and
will continue to be supervised and programmed by Town Staff.
• The Chamber will be allowed to use the event hall for official chamber business,
subject to not inferring with existing senior activities or other previously booked
rental agreements.
• The Town will continue to operate the Charles Center as a rental facility for evening
and weekend usage.
Town Council
Agenda Summary
2
Attachments
Draft Lease Agreement
Recommendations
No action required
1
LEASE OF REAL PROPERTY
This Lease of Real Property (“Lease”) is entered into this, ___________, 2018, by and between
the Town of Vinton, (“Town”), a political subdivision of the Commonwealth of Virginia, and
The Vinton Area Chamber of Commerce (“Tenant”), a Virginia non-profit corporation.
1. RECITALS
WHEREAS, Tenant requests to lease a portion of certain Town property located at 820
Washington Avenue, Vinton, VA 24179 (Charles R. Hill Senior Center), for the purpose
of locating the Tenant’s primary business office, where the Tenant will provide
comprehensive support and promotion of businesses located within the greater Vinton
Community to include marketing activities, networking events, and professional
improvement programs; and
WHEREAS, the Town finds that Tenant’s lease of the property will benefit the
workforce, promote economic development, and further community service goals by
facilitating a key element of the Town’s Economic Development Vitality strategy; and
WHEREAS, the Town also finds that Tenant’s lease of the property will benefit the
Town by empowering citizens through personal, community, and financial asset
development, meeting the needs of local business by increasing downtown visitors, and
providing programs, events, and services for community organizations and the general
public; and
NOW THEREFORE, for and in consideration of the mutual benefits and agreements
recited herein, the Town and Tenant agree to the following:
2. USE OF TOWN PROPERTY
A. The Town agrees to lease to Tenant a portion of the property located at 820
Washington Ave, specifically including the two primary offices and the upstairs
attic storage located in the Charles R. Hill Senior Center consisting of
approximately 600 square feet (“Premises”). In addition, Tenant will have access
to and non-exclusive use of the kitchen, rear exterior storage, parking and the
main event activity hall.
B. Tenant agrees not to use the Premises for any other purpose other than those uses
directly associated with the Chamber of Commerce and shall not be used for
personal use by Chamber Staff or the Chamber Board of Directors, unless
otherwise secured by contract from the Town and subject to all associated
standard rental policies and fees.
C. Tenant recognizes that the Premises should remain as secure as possible during
and after operating hours. Town will issue to Tenant three (3) keys necessary to
open and close the Premises and the Town retains the right to limit any
2
reproduction of the keys and to approve/disapprove of the issuance of keys to
individuals.
D. Tenant acknowledges that the existing Senior/Adult Recreation Program
Activities are to remain in place as referenced in Appendix “A”, until such time
that the individual user group has dissolved on its own accord or has agreed in
writing to relocate or adjust meeting time(s).
E. Tenant acknowledges that the Premises will host all applicable Town, State or
Federal Elections and that all Senior/Adult Recreation and Chamber Activities are
to be suspended or relocated for the duration of the election.
F. Tenant acknowledges that its use of the Premises is limited to the use as set forth
in 2B above. Tenant may secure all or a portion of the event activity hall at no
cost during its regular business hours (Monday through Thursday, 8:00 a.m.-5:00
p.m.) for the purpose of hosting activities associated with the Tenant’s programs
or events with the exception of those that would result in a conflict with items as
described in 2D or 2E above and the use must be noted within the facility
reservation system.
G. Tenant acknowledges it will be given a preferred right to use the event activity
hall at no cost after its regular business hours for the purpose of hosting activities
associated with the Tenant’s programs or events. Any reservation that occurs
outside of the Chamber’s regular business hours should be limited to one (1)
occurrence per week, must be secured by contract agreement from the Town and
must be noted within the facility reservation system.
H. Tenant acknowledges that any supervision requirements for the Tenant’s
programs and events are solely the responsibility of the Tenant.
I. Tenant acknowledges that they can collect program, activity or rental fees
associated with the Tenant’s programs or events and all revenues associated with
the Tenant’s activities are property of the Tenant.
J. In exchange for the Town agreeing to Lease the Premises to Tenant as set forth
herein, Tenant will annually:
1. Develop, maintain and promote the use of local businesses directory and
website that will act as a primary resource for the dissemination of
information regarding conducting business and seeking out services within
the Town.
2. Design, promote and host a minimum of eight (8) business enhancement
programs, guest speaker forums or product expositions for existing or
prospective businesses.
3
3. Plan, support, market and operate a minimum of eight (8) outdoor
concerts, events, festivals or community events that promote or improve
the quality of life for the citizens and visitors to the Town.
4. Design and implement a comprehensive marketing strategy to promote
and grow brand awareness for Vinton as a great place to Eat, Shop, Play
and Live.
5. Plan, promote and host Ribbon Cutting Ceremonies for new, relaunched or
expanding business and new community resources or facilities.
6. Establish a network of local business owners, civic organizations, and
community leaders who are willing to share knowledge and act as a
resource to mentor, advocate, recruit and engage existing and prospective
businesses to provide desired/needed products and services for the
residents and visitors of the Town.
7. Develop and maintain a volunteer bank that identifies and inventories
community volunteers who are willing to provide knowledge, professional
skills, physical labor or other in-kind services associated with the Tenant’s
programs and events.
8. Leverage its nonprofit status to expand sponsorships, donations, grants,
and volunteers to financially support Tenant’s programs and events.
3. RENT
Tenant hereby agrees to pay rent annually in the amount of $1.00 (“Rent”). Said Rent
shall be paid upon commencement of the lease term period and annually thereafter on or
before the anniversary of the lease term.
4. TAXES AND ASSESSMENTS
Tenant and/or its subtenants shall be liable for, and shall pay before delinquency, any and
all taxes and assessments (real and personal) levied against (a) any personal property or
trade fixtures placed by Tenant in or about the Premises (including any increased value of
the Premises based upon the value of such personal property or trade fixtures), and (b)
any Tenant improvements or alteration in the Premises (whether installed and/or paid for
by Town or Tenant). If any such taxes and assessments are levied against Town or
Town’s property for property occupied/used by Tenant, Town may, after written notice to
Tenant (and under proper protest if requested by Tenant), pay such taxes and
assessments, and Tenant shall reimburse Town therefore within ten (10) days after
demand by Town; provided, however, Tenant, at its sole cost and expense shall have the
right, to bring suit in any court of competent jurisdiction to recover the amount of such
taxes and assessments so paid under protest.
4
5. TERM
The term of this Lease is for one (1) six month term, commencing on the 1st day of
January, 2019 and ending on June 30, 2019.
6. OPTION TO EXTEND TERM
Tenant and Town may mutually agree in writing to extend the term of this Lease for four
(4) additional one (1) year periods (hereinafter individually referred to as a “Renewal
Term”), on the same terms and conditions as set forth herein. A request by Tenant to
extend the terms of the Lease shall be made in writing and submitted to the Town
Manager prior to the Lease termination date of the original Term or any Renewal Term.
7. TERMINATION OF LEASE
Tenant and Town shall have the option to terminate this Lease at any time during the
Term or Renewal Term by giving the other at least ninety (90) days prior written notice.
Should Town incur additional costs for improvements, upgrades, modifications, and other
items as requested or required by Tenant after the initial occupancy, Tenant shall
reimburse Town for those costs.
Tenant agrees that at termination of the Lease, Tenant will remove all of Tenant’s
equipment, furniture, and all other items of personal property and the Premises shall be
left in as good condition as when first occupied, reasonable wear and tear excepted.
Notwithstanding the foregoing, should Tenant breach the terms of this Lease, Town shall
notify Tenant in writing of the breach and Tenant shall have five (5) business days to cure
the breach unless the Town agrees in writing to provide additional time for cure. In the
event the breach is not cured within the prescribed time period, Tenant shall immediately
remove its equipment, furniture, and other items of personal property and vacate the
Premises.
8. UTILITIES
Tenant acknowledges that it will pay a share of all utilities associated with its use of the
Premises to include electricity, gas, water and sewer. The Town will invoice the Tenant
for said charges on a quarterly basis and will base the Chamber’s share on the
approximate square footage of space the Chamber is using during the preceding quarter,
of the total available square footage of the entire building. Tenant acknowledges that it
will pay for phone and internet charges associated with use of the Premises.
5
9. NOTICES
All written notices pursuant to this Lease shall be addressed as set forth below or as either
party may hereafter designate by written notice and shall be deemed delivered upon
personal delivery, delivery by facsimile or seventy-two (72) hours after deposit in the
United States Mail.
TO: Town TO: Tenant
Town Manager President
Town of Vinton Vinton Area Chamber of Commerce
311 South Pollard Street 820 Washington Avenue
Vinton, VA 24179 Vinton, VA 24179
10. MAINTENANCE AND INSPECTION
Town will provide the same level of maintenance for the Premises as it provides for the
rest of the building in which the Premises are located. Town reserves the right during the
Term and any Renewal Term, for itself or its duly authorized agents or representatives, to
enter upon the Premises for the purpose of inspecting same or for any purpose
whatsoever.
11. DAMAGE TO OR DESTRUCTION TO PROPERTY OR IMPROVEMENTS
In the event of damage to or destruction of Town property or Town installed
improvements, equipment, or fixtures located within the Premises or in the event Tenant
installed improvements, equipment or fixtures that are declared unsafe or unfit for use or
occupancy by a public entity with the authority to make and enforce such declaration,
Tenant shall, within thirty (30) days, commence and diligently pursue to complete the
repair, replacement, or reconstruction of improvements to the same side and floor areas
that existed immediately prior to the event causing the damage or destruction as
necessary to permit full use and occupancy of the Premises for the purposes required by
the Lease. Repair, replacement, or reconstruction of the Premises shall be accomplished
in a manner and according to plans approved by the Town Manager and in accordance
with any laws or regulations set forth by the Town or Roanoke County.
12. HAZARDOUS SUBSTANCES
Tenant shall not use or permit the use of the Premises for the generation, storage,
treatment, use, transportation, handling, or disposing of any chemical, material, or
substance, which is regulated as toxic or hazardous or exposure to which is prohibited,
limited, or regulated by any governmental authority, or which, even if not so regulated,
may or could pose a hazard to the health or safety of persons on the Premises or other
tenants or occupants of the building in which the Premises is located, and no such
chemical, material, or substance shall be brought onto the Premises without the Town’s
express written consent. Tenant agrees that it will at all times observe and abide by all
6
laws and regulations relating to the handling of such materials and will promptly notify
town of (a) the receipt of any warning notice, notice of violation, or complaint received
from any governmental agency or third party relating to environmental compliance and
(b) any release of hazardous materials in or on the Premises and/or building. Tenant shall
in accordance with all applicable laws, carry out, at its sole cost and expense, any
remediation required as a result of the release of any hazardous substance by Tenant or
by Tenant’s agents, employees, contractors, or invitees, from the Premises and or
building. Notwithstanding the foregoing, Tenant shall have the right to bring on the
Premises reasonable amounts of cleaning materials and the like necessary for the
operation of Tenant’s business, but Tenants liability with respect to such materials shall
be as set forth in this Article.
13. TOWN LIABILITY/INDEMNIFICATION
A. Town shall not be liable for any damage or liability of any kind or for any injury
to or death of any persons or damage to any property on or about the Premises
from any cause whatsoever, except to the extent any such matter is not covered by
insurance required to be maintained by Tenant under this Lease and is attributable
to Town’s gross negligence or willful misconduct. All property, equipment, and
materials, etc., belonging to Tenant, its employees, agents, or invitees, or any
occupant of the Premises shall be at the risk of Tenant or other person only, and
Town shall not be liable for damage thereto or misappropriation thereof.
B. Tenant agrees to indemnify, hold harmless, and defend Town from and against
any and all actions or causes of action, claims, demands, liabilities, loss, damage
or expense of whatsoever kind and nature, including attorneys’ fees and witness
costs, which Town may suffer or incur by reason of bodily injury, including
death, to any person or persons, or by reason of damage to or destruction of any
property, including the loss of use thereof, arising out of or in any manner
connected with Tenant’s exercise of the rights herein granted, or which Town
may sustain or incur in connection with any litigation, investigation, or other
expenditures incident thereto, due in whole or in part to any act, omission, or
negligence of Tenant or any of its representatives or employees. In the event the
injuries, including death, or damages are due to the sole negligence of Town or its
representatives or employees, then and only then Tenant shall not be liable under
the provisions of this paragraph.
14. INSURANCE
Tenant shall, at all times during the term of this Lease, maintain adequate liability
insurance, reserves, and funding to compensate for bodily injury, personal injury,
wrongful death and property damage or other claims including defense costs and other
loss adjustment expenses arising out of or related to the above indemnity provisions. At
minimum, Tenant will carry at its sole cost and expense the following types of insurance:
A. Commercial General Liability Insurance. Licensee shall maintain Commercial
7
General Liability Insurance (CGL) and, if necessary, commercial umbrella
insurance with a limit of not less than $1,000,000 each accident/occurrence,
$2,000,000 annual aggregate. CGL insurance shall be written on an approved ISO
form for coverage in the Commonwealth of Virginia, and shall cover liability
arising from premises, operations, independent users, products-completed
operations, explosion/collapse, personal injury and liability assumed under
insured contract.
B. Worker's Compensation Insurance and Employer's Liability Insurance. Licensee
shall maintain the applicable statutory Workers' Compensation Insurance, and
Employer's Liability Insurance with a limit of at least $500,000 per
accident/injury.
C. Automobile/Motor Vehicle Liability Insurance. Licensee shall maintain
Automobile Liability insurance with a limit of not less than $1,000,000 each
accident, $2,000,000 aggregate. Such insurance shall cover liability arising from
any motor vehicle as defined by Commonwealth of Virginia laws and shall
include coverage for owned, hired and non-owned motor vehicles, as well as
uninsured and underinsured motorists. Coverage shall be written on an approved
ISO Form for coverage in the Commonwealth of Virginia. This coverage is
required only if the Licensee will be operating motor vehicles as a significant
operation within, or directly associated with, Licensee's activities on the Property.
D. All policies of insurance shall be issued in a form acceptable to Town by
insurance companies licensed to conduct business in the Commonwealth of
Virginia. Each policy shall be issued in the name of Tenant with Town listed as
an additional insured. All policies shall contain a provision that company writing
the policy shall give Town at least thirty (30) days’ notice in writing in advance of
any cancellation, or lapse, or the effective date of any reduction in the amounts of
insurance. Failure to comply with this clause shall constitute a material breach of
this Lease and result in termination of Tenant’s right to use the Premises as set
forth in section 7 herein.
15. LIENS
Town Property, including, but not limited to, the Premises shall not be subject to liens for
work done or materials used on the Premises made at the request of, or on the order of, or
to discharge an obligation of, Tenant. This paragraph shall be construed so as to prohibit
in accordance with applicable Virginia law, the interest of the Town in the Premises or
any part thereof from being subject to any lien for any improvements made by Tenant or
any third-party on Tenant’s behalf (except Town) to the Premises. If any lien or notice of
lien on account of an alleged debt of Tenant or any notice of lien by a party engaged by
Tenant or Tenant’s contractor or material men for work done to the Premises is filed,
Tenant shall, within ten (10) days after the notice of filing, cause the same to be
discharged of record by payment, deposit, bond, order of a court of competent
jurisdiction or otherwise. Should Tenant fail to do so, Town may discharge same and
8
any amount paid by Town and all costs and expenses, including attorneys’ fees and court
costs, incurred by Town in connection therewith, including interest at the statutory rate,
shall constitute additional Rent and shall be paid by Tenant to Town on demand.
16. ATTORNEYS’ FEES AND COSTS
In the event of any action, suit, or other proceeding concerning or arising out of this
Lease, the prevailing party shall recover all of its costs and attorneys’ fees incurred in
enforcing the terms set forth herein.
17. APPLICABLE LAW
The laws of the Commonwealth of Virginia shall govern the interpretation, validity,
performance and enforcement of this Lease.
18. ENTIRE AGREEMENT
This Lease constitutes the entire agreement between the parties with respect to the subject
matter thereof. No alteration, amendment, change, or addition to this Lease shall be
binding upon the Town or Tenant unless reduced in writing, signed, and mutually
delivered between them.
IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written
above.
Town of Vinton, a political subdivision The Vinton Area Chamber of Commerce,
of the Commonwealth of Virginia a Virginia non-profit corporation
By__________________________________ By________________________________
Barry W. Thompson Angie Chewning, Executive Director
Town Manager
APPROVED AS TO FORM
By _________________________________
Town Attorney
Meeting Date
October 2, 2018
Department
Public Works
Issue
Public Works Committee
Summary
The Public Works Committee met on Thursday, September 27, 2018. The following items were
discussed at the meeting:
Refuse ordinance update
o Cart collection for multi-unit housing complexes
Town Code states no more than 12 carts will receive free once-per week
collection
Consider number of units to determine if service provided by Town or
would have to be provided by private refuse hauler
o Cart Offerings
Initial offering of 96 gallon unit to each customer
Consider offering smaller size unit upon customer request
Number of carts offered to commercial customers
o Location of carts
Eliminating entering onto private property to access refuse
Options for Downtown collection area
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary